85
1 | Page Introduction: In the aspects of the land laws of Bangladesh, the phenomenon “khas land” holds a very vast and significant position. Government-owned land properties, which are capable of being utilized for the purpose of development of the state and remaining unused, are normally given to the persons who can utilize the land for their own livelihood. The relationship between the people and land is deep and profound in Bangladesh society, but many millions of poor, especially landless families, are deprived of this relationship. Nothing perhaps is closer and more fundamental to the requirements of human survival than land. Land provides food, shelter and clothing – the three basic needs. In developing countries land continues to constitute the principal source of livelihood, security, and Status. Land remains important in a variety of ways in the economic and social life of Bangladesh. Hindu common law states that the right to occupy land vests in the person who first makes a beneficial use of the soil. During that period land was plentiful and many villages were in the process of formation. No one would undertake to clear a plot of land unless he had the right to enjoy it on a permanent basis. 1 The history of law relating to land in this sub-continent, particularly in Bangladesh, is indeed very broad and also quite complex. History shows how the people of Bangladesh struggled to gain proper legislation to regulate the relationship between landlords and tenants. In order to enhance and sustain the productivity of land

laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

1 | P a g e

Introduction

In the aspects of the land laws of Bangladesh the phenomenon ldquokhas landrdquo holds a very vast and significant position Government-owned land properties which are capable of being utilized for the purpose of development of the state and remaining unused are normally given to the persons who can utilize the land for their own livelihood The relationship between the people and land is deep and profound in Bangladesh society but many millions of poor especially landless families are deprived of this relationship Nothing perhaps is closer and more fundamental to the requirements of human survival than land Land provides food shelter and clothing ndash the three basic needs In developing countries land continues to constitute the principal source of livelihood security and Status Land remains important in a variety of ways in the economic and social life of Bangladesh Hindu common law states that the right to occupy land vests in the person who first makes a beneficial use of the soil During that period land was plentiful and many villages were in the process of formation No one would undertake to clear a plot of land unless he had the right to enjoy it on a permanent basis 1 The history of law relating to land in this sub-continent particularly in Bangladesh is indeed very broad and also quite complex History shows how the people of Bangladesh struggled to gain proper legislation to regulate the relationship between landlords and tenants

In order to enhance and sustain the productivity of land and reduction of poverty there should be meaningful land reform with consideration for khas land (government owned land) absentee land ownership land ceiling etcetera The effective distribution of khas land will create enormous employment opportunities reduce rural-urban migration and reduce the overall rate of poverty

2 | P a g e

History of khas land

The evolution of the land related Laws gives an impression that things were made difficult-to-understand consciously reasons for which are best known to the colonial and Para-colonial law makers The major elements in the evolution of the laws on khas land can be traced in the following instruments Bengal Regulation XI 1825 Bengal Alluvion Act 1868 Government Estates Manual 1919 Bengal Crown Estates Manual 1932 East Tenancy (Fourth Amendment) Order 1972 (PO 135) Bangladesh Landholding Limitation Order 1972 (PO 98) Presidents Order LXI 1975 Land Reform Action Programme 1987 Agriculture Khas Land Management and Settlement Policy 1997 In addition many circulars and memos were issued by competent authorities many of which are contradictory by nature So far agricultural khas land is concerned the East Bengal State Acquisition and Tenancy Act 1950 was the mainframe legal document which was promulgated to abolish the Zemindari System (Permanent Settlement of 1793) This law was the basis for all subsequent laws on khas land which declared that So far as agricultural lands are concerned they shall be held by one class of people to be known as maliks or raiyats which means that those shall be no intermediary between the State at the top and malik or raiyats to be regarded as the tillers of the soil at the bottomrdquo The ownership ceiling of agricultural land per family was changed many a times 333 acres (100 bighas) in 1950 then raised to 125 acres (375 bighas) in 1961 by Ayub Khan then in 1972 it was again brought down to (1950s level) 333 acres (100 bighas) and then the Land Reform Commission of 1982 suggested a ceiling of 20 acres (60 bighas) The amount of khas land due to the fixation of ceiling was always much below the expected amount Using the loopholes in the relevant laws the large landowners managed to retain their land ownership Also the khas agricultural land available with the government was of inferior qualityThe laws and procedures pertaining to the identification of khas land did not change much since 1950 There have been changes in the definitions of beneficiary families and landless as well as families who will get priority in receiving the agricultural khas land The

3 | P a g e

possible active role of the civil society including the peasants organizations NGOs and other organizations have never been seriously recognized in the government policies

The settlement of disputes always go in favor of the powerful - the illegal occupants The legal flaw among others lies in the fact that the provision for settlement at the local level does not work and the provision for settlement at the higher levels (district division even up to the High Court) is non-affordable by the landless poor Although there is a provision in the law to form cooperatives on large compact blocks of khas land this did not work in the past for varied reasons The main reason being illegal occupation of large blocks by influentials The Land Reform Policy of 1987 itself recognizes that The Ministry feels that it may be very difficult for the destitute landless in this society surrounded by the selfish land grabbers to retain the land given under settlement But what is the effective legal measure to resolve this

What is khas land

The category khas is of Persian origin Khas means the government-owned Thus khas land is government owned land This applies not only to agricultural land but also to other assets such as non-agricultural land (urban municipal forest etc) and water bodies (river haor baor beel etc)

In Bangladesh khas land is government land described in register VIII This register divides unoccupied land in three categories

a those lands in which the people have common rights and therefore can not be leased out for example roads tanks for drinking water embankments

b those plots which are available for settlement and

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-23

4 | P a g e

c Those which are purchased resumed or abandoned

These types of lands are managed by Ministry of land The government land owned by other Ministries and Departments are not necessarily khas land

According to Section 2(15) of State Acquisition and Tenancy Act 1950 khas landldquo lsquokhas landrsquo or lsquoland in khas possessionrsquo in relation to any person includes any land let out together with any building standing thereon and necessary adjuncts thereto otherwise than in perpetuityrdquo

In a highly populated country such as Bangladesh khas (state) land is scarce Through the process of accretion char (accreted) lands emerge mainly in coastal areas which are eventually declared as khas land An annual rate of accretion of 5 080 hectares of land has been estimated from 1973 to 2000 These newly accreted lands according to government policy are supposed to be afforested However at this early stage of land development government administration mechanisms rarely exist People start to occupy accreted lands long before the most vital living conditions are met Several often competing factions led by powerful people mdash locally known as jotdars mdash determine life in these new areas Land allocation byjotdars is described in the next section

Types of khas land

This chapter is devoted mainly to explore a most important but unexpected issue pertaining to the amount of khas land in Bangladesh Once the amount of khas land (by types) is ascertained the logically obvious question would be to know about the occupancy status of those lands Officially published statistics on khas land is not available no one sure about the approximate size of the khas land available in Bangladesh But the whole issue of distributable land reform each basically the issue of distribution of khas land to the poor The methodological problem pertaining to the estimation of amount of khas land and the associated subject areas are depicted in the figure

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-19

Non-agriculturalAgricultural Water bodies Non-agriculturalAgricultural Water bodies

Distributed Not-Distributed

Identified Khas Land Not-Identified Khas Land

Khas Land

5 | P a g e

Inreality only a part of the total amount of khas land in Bangladesh is identified and recorded officially (but not published) There is every reason to argue that a part (extent of which is unknown) of khas land in Bangladesh might be non-identified The most likely reasons attributable to this argument are four-fold

1 Problems in official land record system 2 Dispute between government and ldquoso calledrdquo owner3 Vested group interest 4 Definitional problem of khas land including the problems

relating to the definition of various categories

Therefore it is not possible to provide current estimates of the amount of not-identified khas land in Bangladesh But given the four-fold factors stated above it is plausible to argue that the amount of not-identified portion of khas land would not be insignificant and the not-identified portion definitely includes various categories of khas land as does the identified portion In this backdrop it should be emphasized that we are restricted to present the following analysis based solely on the information available regarding the identified portion khas land

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

6 | P a g e

There are a number of different types of Government owned or khas land In relation to which a number of points should be notedNon-agricultural khas land includes forest and urban areas and is not relevant as a category to potential activities currently under review by GO-IF

1048713 Khas water bodies are administered differently from khas land and are considered separately in Section 9 below

1048713 A considerable area of land is in principle available from holdings exceeding the land reform ceiling of 333 acres but in practice for reasons discussed in Section 2 above this remains under the effective control of its original owners

1048713 No reference can be found to the size of other government acquisitions which include land acquired through cancellation of ownership auction and other Channels but this category is not believed to be of a significant size

1048713 This leaves new land created by alluvion and former agricultural land subject to diluvion as the only significant category of agricultural land from GO-IFrsquos point of view

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

7 | P a g e

1048713 A significant amount of land falling under this category is believed not to have been formally identified in government records The project may wish to conduct pilot local surveys to test this proposition

1048713 Of the identified portion some will already have been distributed and therefore be of little interest

1048713 Of the part which has not been distributed the area available for allocation will clearly be the easiest focus but the project may also wish to test the possibility of seeking to expose and reverse instances of illegal occupation

According to the recent policy (LRAPrsquo87) for distribution of all available lhas lands and in consideration of their productivity they are classified into following three categories (section 35)

Category 1 Triple-cropped land with irrigation facilities 1st class landCategory 2 Double-cropped land with irrigation facilities 2nd

class landCategory 3 single-cropped land without irrigation facilities 3rd

class land

The above policy also states that all available khas lands will have to be subdivided into different plots according to productive capacity The highest quantum of land to be divided in plots and when distributed the highest quantum of land for each family as per classification will be as follows ( section 36)

8 | P a g e

1st class land 100 acre2nd class land 150 acres3rd class land 200 acres

Objectives of granting khas land

Land-peasant-wealth is interrelated and interdepended categories Land is the mother of wealth and labour of the peasants is her father Land and peasantry together form the basis of reproductive civilization and foundation for krishi agriculture and krishti-culture Land is scarce and therefore establishing ownership right over land was always highly competitive in which violence speculation and other deceptive means were common Land forms the basis of our social economic and political power structures That is why the `noise about Land Reform has always been much pronounced in this part of the world Our contemporary history of land reform is essentially the history of acquisition and distribution of Khas LandThis is the most unresolved issue of Agrarian Reform There was no dearth of prescription from the side of states and governments in the past fifty years (since the promulgation of East Bengal State Acquisition and Tenancy Act 1950) that intermediaries shall be wiped-out and all land shall belong to the real cultivators as owners This has never been materialized To the contrary a vested interest group representing the power structure comprising of local influentials dishonest politicians government officials and emerging bourgeoisie have managed to occupy almost all the khas lands (agricultural non-agriculatural and waterbodies) illegally From peoples point of view the issue of khas land is so much so

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-36

9 | P a g e

neglected and non-transparent that no one even knows what is the amount of khas land available in Bangladesh No comprehensive research work has so far been undertaken to assess the impact of distribution of the khas land on the poor and the whole range of problems associated with the retention and non-retention of khas land by the poor including the role of the power matrix (agents of power structure) in the process of alienating the poor from their inherent rights to own the khas land The present study purports to fill-in our knowledge gaps about the above important issues so far untouched in the literatureChanges in the economic conditions of the poor through utilizing khas land are given below

bull Economic condition as perceived by the beneficiaries did not improve for most part after having the khas land Improvement was reported by about 46 percent and non improvement was reported by about 54 percent (including reporting of deterioration by about 36 percent) Thus the khas land distribution program as it was implemented did not work so far the official aim to improve upon the economic condition of the landless beneficiaries is concerned bull The degree of improvement of economic conditions is a function of status of retention of khas land (ie status of control over land and crop)

bull Compared to the pre-distribution (of Khas land) period not much improvements in the ownership of plough and cattle heads in the post-distribution period were observed In many places the situation has worsened even Thus ensuring retention alone will not be enough to improve upon the economic status bull Cultivation of own (khas) land was supposed to be the prime source of income for almost all the respondents (beneficiaries) however only 51 percent of them have said so The later share is close to the proportion of respondents who have said in favour of

httpwwwedocfindcomkhasland

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 2: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

2 | P a g e

History of khas land

The evolution of the land related Laws gives an impression that things were made difficult-to-understand consciously reasons for which are best known to the colonial and Para-colonial law makers The major elements in the evolution of the laws on khas land can be traced in the following instruments Bengal Regulation XI 1825 Bengal Alluvion Act 1868 Government Estates Manual 1919 Bengal Crown Estates Manual 1932 East Tenancy (Fourth Amendment) Order 1972 (PO 135) Bangladesh Landholding Limitation Order 1972 (PO 98) Presidents Order LXI 1975 Land Reform Action Programme 1987 Agriculture Khas Land Management and Settlement Policy 1997 In addition many circulars and memos were issued by competent authorities many of which are contradictory by nature So far agricultural khas land is concerned the East Bengal State Acquisition and Tenancy Act 1950 was the mainframe legal document which was promulgated to abolish the Zemindari System (Permanent Settlement of 1793) This law was the basis for all subsequent laws on khas land which declared that So far as agricultural lands are concerned they shall be held by one class of people to be known as maliks or raiyats which means that those shall be no intermediary between the State at the top and malik or raiyats to be regarded as the tillers of the soil at the bottomrdquo The ownership ceiling of agricultural land per family was changed many a times 333 acres (100 bighas) in 1950 then raised to 125 acres (375 bighas) in 1961 by Ayub Khan then in 1972 it was again brought down to (1950s level) 333 acres (100 bighas) and then the Land Reform Commission of 1982 suggested a ceiling of 20 acres (60 bighas) The amount of khas land due to the fixation of ceiling was always much below the expected amount Using the loopholes in the relevant laws the large landowners managed to retain their land ownership Also the khas agricultural land available with the government was of inferior qualityThe laws and procedures pertaining to the identification of khas land did not change much since 1950 There have been changes in the definitions of beneficiary families and landless as well as families who will get priority in receiving the agricultural khas land The

3 | P a g e

possible active role of the civil society including the peasants organizations NGOs and other organizations have never been seriously recognized in the government policies

The settlement of disputes always go in favor of the powerful - the illegal occupants The legal flaw among others lies in the fact that the provision for settlement at the local level does not work and the provision for settlement at the higher levels (district division even up to the High Court) is non-affordable by the landless poor Although there is a provision in the law to form cooperatives on large compact blocks of khas land this did not work in the past for varied reasons The main reason being illegal occupation of large blocks by influentials The Land Reform Policy of 1987 itself recognizes that The Ministry feels that it may be very difficult for the destitute landless in this society surrounded by the selfish land grabbers to retain the land given under settlement But what is the effective legal measure to resolve this

What is khas land

The category khas is of Persian origin Khas means the government-owned Thus khas land is government owned land This applies not only to agricultural land but also to other assets such as non-agricultural land (urban municipal forest etc) and water bodies (river haor baor beel etc)

In Bangladesh khas land is government land described in register VIII This register divides unoccupied land in three categories

a those lands in which the people have common rights and therefore can not be leased out for example roads tanks for drinking water embankments

b those plots which are available for settlement and

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-23

4 | P a g e

c Those which are purchased resumed or abandoned

These types of lands are managed by Ministry of land The government land owned by other Ministries and Departments are not necessarily khas land

According to Section 2(15) of State Acquisition and Tenancy Act 1950 khas landldquo lsquokhas landrsquo or lsquoland in khas possessionrsquo in relation to any person includes any land let out together with any building standing thereon and necessary adjuncts thereto otherwise than in perpetuityrdquo

In a highly populated country such as Bangladesh khas (state) land is scarce Through the process of accretion char (accreted) lands emerge mainly in coastal areas which are eventually declared as khas land An annual rate of accretion of 5 080 hectares of land has been estimated from 1973 to 2000 These newly accreted lands according to government policy are supposed to be afforested However at this early stage of land development government administration mechanisms rarely exist People start to occupy accreted lands long before the most vital living conditions are met Several often competing factions led by powerful people mdash locally known as jotdars mdash determine life in these new areas Land allocation byjotdars is described in the next section

Types of khas land

This chapter is devoted mainly to explore a most important but unexpected issue pertaining to the amount of khas land in Bangladesh Once the amount of khas land (by types) is ascertained the logically obvious question would be to know about the occupancy status of those lands Officially published statistics on khas land is not available no one sure about the approximate size of the khas land available in Bangladesh But the whole issue of distributable land reform each basically the issue of distribution of khas land to the poor The methodological problem pertaining to the estimation of amount of khas land and the associated subject areas are depicted in the figure

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-19

Non-agriculturalAgricultural Water bodies Non-agriculturalAgricultural Water bodies

Distributed Not-Distributed

Identified Khas Land Not-Identified Khas Land

Khas Land

5 | P a g e

Inreality only a part of the total amount of khas land in Bangladesh is identified and recorded officially (but not published) There is every reason to argue that a part (extent of which is unknown) of khas land in Bangladesh might be non-identified The most likely reasons attributable to this argument are four-fold

1 Problems in official land record system 2 Dispute between government and ldquoso calledrdquo owner3 Vested group interest 4 Definitional problem of khas land including the problems

relating to the definition of various categories

Therefore it is not possible to provide current estimates of the amount of not-identified khas land in Bangladesh But given the four-fold factors stated above it is plausible to argue that the amount of not-identified portion of khas land would not be insignificant and the not-identified portion definitely includes various categories of khas land as does the identified portion In this backdrop it should be emphasized that we are restricted to present the following analysis based solely on the information available regarding the identified portion khas land

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

6 | P a g e

There are a number of different types of Government owned or khas land In relation to which a number of points should be notedNon-agricultural khas land includes forest and urban areas and is not relevant as a category to potential activities currently under review by GO-IF

1048713 Khas water bodies are administered differently from khas land and are considered separately in Section 9 below

1048713 A considerable area of land is in principle available from holdings exceeding the land reform ceiling of 333 acres but in practice for reasons discussed in Section 2 above this remains under the effective control of its original owners

1048713 No reference can be found to the size of other government acquisitions which include land acquired through cancellation of ownership auction and other Channels but this category is not believed to be of a significant size

1048713 This leaves new land created by alluvion and former agricultural land subject to diluvion as the only significant category of agricultural land from GO-IFrsquos point of view

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

7 | P a g e

1048713 A significant amount of land falling under this category is believed not to have been formally identified in government records The project may wish to conduct pilot local surveys to test this proposition

1048713 Of the identified portion some will already have been distributed and therefore be of little interest

1048713 Of the part which has not been distributed the area available for allocation will clearly be the easiest focus but the project may also wish to test the possibility of seeking to expose and reverse instances of illegal occupation

According to the recent policy (LRAPrsquo87) for distribution of all available lhas lands and in consideration of their productivity they are classified into following three categories (section 35)

Category 1 Triple-cropped land with irrigation facilities 1st class landCategory 2 Double-cropped land with irrigation facilities 2nd

class landCategory 3 single-cropped land without irrigation facilities 3rd

class land

The above policy also states that all available khas lands will have to be subdivided into different plots according to productive capacity The highest quantum of land to be divided in plots and when distributed the highest quantum of land for each family as per classification will be as follows ( section 36)

8 | P a g e

1st class land 100 acre2nd class land 150 acres3rd class land 200 acres

Objectives of granting khas land

Land-peasant-wealth is interrelated and interdepended categories Land is the mother of wealth and labour of the peasants is her father Land and peasantry together form the basis of reproductive civilization and foundation for krishi agriculture and krishti-culture Land is scarce and therefore establishing ownership right over land was always highly competitive in which violence speculation and other deceptive means were common Land forms the basis of our social economic and political power structures That is why the `noise about Land Reform has always been much pronounced in this part of the world Our contemporary history of land reform is essentially the history of acquisition and distribution of Khas LandThis is the most unresolved issue of Agrarian Reform There was no dearth of prescription from the side of states and governments in the past fifty years (since the promulgation of East Bengal State Acquisition and Tenancy Act 1950) that intermediaries shall be wiped-out and all land shall belong to the real cultivators as owners This has never been materialized To the contrary a vested interest group representing the power structure comprising of local influentials dishonest politicians government officials and emerging bourgeoisie have managed to occupy almost all the khas lands (agricultural non-agriculatural and waterbodies) illegally From peoples point of view the issue of khas land is so much so

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-36

9 | P a g e

neglected and non-transparent that no one even knows what is the amount of khas land available in Bangladesh No comprehensive research work has so far been undertaken to assess the impact of distribution of the khas land on the poor and the whole range of problems associated with the retention and non-retention of khas land by the poor including the role of the power matrix (agents of power structure) in the process of alienating the poor from their inherent rights to own the khas land The present study purports to fill-in our knowledge gaps about the above important issues so far untouched in the literatureChanges in the economic conditions of the poor through utilizing khas land are given below

bull Economic condition as perceived by the beneficiaries did not improve for most part after having the khas land Improvement was reported by about 46 percent and non improvement was reported by about 54 percent (including reporting of deterioration by about 36 percent) Thus the khas land distribution program as it was implemented did not work so far the official aim to improve upon the economic condition of the landless beneficiaries is concerned bull The degree of improvement of economic conditions is a function of status of retention of khas land (ie status of control over land and crop)

bull Compared to the pre-distribution (of Khas land) period not much improvements in the ownership of plough and cattle heads in the post-distribution period were observed In many places the situation has worsened even Thus ensuring retention alone will not be enough to improve upon the economic status bull Cultivation of own (khas) land was supposed to be the prime source of income for almost all the respondents (beneficiaries) however only 51 percent of them have said so The later share is close to the proportion of respondents who have said in favour of

httpwwwedocfindcomkhasland

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 3: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

3 | P a g e

possible active role of the civil society including the peasants organizations NGOs and other organizations have never been seriously recognized in the government policies

The settlement of disputes always go in favor of the powerful - the illegal occupants The legal flaw among others lies in the fact that the provision for settlement at the local level does not work and the provision for settlement at the higher levels (district division even up to the High Court) is non-affordable by the landless poor Although there is a provision in the law to form cooperatives on large compact blocks of khas land this did not work in the past for varied reasons The main reason being illegal occupation of large blocks by influentials The Land Reform Policy of 1987 itself recognizes that The Ministry feels that it may be very difficult for the destitute landless in this society surrounded by the selfish land grabbers to retain the land given under settlement But what is the effective legal measure to resolve this

What is khas land

The category khas is of Persian origin Khas means the government-owned Thus khas land is government owned land This applies not only to agricultural land but also to other assets such as non-agricultural land (urban municipal forest etc) and water bodies (river haor baor beel etc)

In Bangladesh khas land is government land described in register VIII This register divides unoccupied land in three categories

a those lands in which the people have common rights and therefore can not be leased out for example roads tanks for drinking water embankments

b those plots which are available for settlement and

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-23

4 | P a g e

c Those which are purchased resumed or abandoned

These types of lands are managed by Ministry of land The government land owned by other Ministries and Departments are not necessarily khas land

According to Section 2(15) of State Acquisition and Tenancy Act 1950 khas landldquo lsquokhas landrsquo or lsquoland in khas possessionrsquo in relation to any person includes any land let out together with any building standing thereon and necessary adjuncts thereto otherwise than in perpetuityrdquo

In a highly populated country such as Bangladesh khas (state) land is scarce Through the process of accretion char (accreted) lands emerge mainly in coastal areas which are eventually declared as khas land An annual rate of accretion of 5 080 hectares of land has been estimated from 1973 to 2000 These newly accreted lands according to government policy are supposed to be afforested However at this early stage of land development government administration mechanisms rarely exist People start to occupy accreted lands long before the most vital living conditions are met Several often competing factions led by powerful people mdash locally known as jotdars mdash determine life in these new areas Land allocation byjotdars is described in the next section

Types of khas land

This chapter is devoted mainly to explore a most important but unexpected issue pertaining to the amount of khas land in Bangladesh Once the amount of khas land (by types) is ascertained the logically obvious question would be to know about the occupancy status of those lands Officially published statistics on khas land is not available no one sure about the approximate size of the khas land available in Bangladesh But the whole issue of distributable land reform each basically the issue of distribution of khas land to the poor The methodological problem pertaining to the estimation of amount of khas land and the associated subject areas are depicted in the figure

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-19

Non-agriculturalAgricultural Water bodies Non-agriculturalAgricultural Water bodies

Distributed Not-Distributed

Identified Khas Land Not-Identified Khas Land

Khas Land

5 | P a g e

Inreality only a part of the total amount of khas land in Bangladesh is identified and recorded officially (but not published) There is every reason to argue that a part (extent of which is unknown) of khas land in Bangladesh might be non-identified The most likely reasons attributable to this argument are four-fold

1 Problems in official land record system 2 Dispute between government and ldquoso calledrdquo owner3 Vested group interest 4 Definitional problem of khas land including the problems

relating to the definition of various categories

Therefore it is not possible to provide current estimates of the amount of not-identified khas land in Bangladesh But given the four-fold factors stated above it is plausible to argue that the amount of not-identified portion of khas land would not be insignificant and the not-identified portion definitely includes various categories of khas land as does the identified portion In this backdrop it should be emphasized that we are restricted to present the following analysis based solely on the information available regarding the identified portion khas land

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

6 | P a g e

There are a number of different types of Government owned or khas land In relation to which a number of points should be notedNon-agricultural khas land includes forest and urban areas and is not relevant as a category to potential activities currently under review by GO-IF

1048713 Khas water bodies are administered differently from khas land and are considered separately in Section 9 below

1048713 A considerable area of land is in principle available from holdings exceeding the land reform ceiling of 333 acres but in practice for reasons discussed in Section 2 above this remains under the effective control of its original owners

1048713 No reference can be found to the size of other government acquisitions which include land acquired through cancellation of ownership auction and other Channels but this category is not believed to be of a significant size

1048713 This leaves new land created by alluvion and former agricultural land subject to diluvion as the only significant category of agricultural land from GO-IFrsquos point of view

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

7 | P a g e

1048713 A significant amount of land falling under this category is believed not to have been formally identified in government records The project may wish to conduct pilot local surveys to test this proposition

1048713 Of the identified portion some will already have been distributed and therefore be of little interest

1048713 Of the part which has not been distributed the area available for allocation will clearly be the easiest focus but the project may also wish to test the possibility of seeking to expose and reverse instances of illegal occupation

According to the recent policy (LRAPrsquo87) for distribution of all available lhas lands and in consideration of their productivity they are classified into following three categories (section 35)

Category 1 Triple-cropped land with irrigation facilities 1st class landCategory 2 Double-cropped land with irrigation facilities 2nd

class landCategory 3 single-cropped land without irrigation facilities 3rd

class land

The above policy also states that all available khas lands will have to be subdivided into different plots according to productive capacity The highest quantum of land to be divided in plots and when distributed the highest quantum of land for each family as per classification will be as follows ( section 36)

8 | P a g e

1st class land 100 acre2nd class land 150 acres3rd class land 200 acres

Objectives of granting khas land

Land-peasant-wealth is interrelated and interdepended categories Land is the mother of wealth and labour of the peasants is her father Land and peasantry together form the basis of reproductive civilization and foundation for krishi agriculture and krishti-culture Land is scarce and therefore establishing ownership right over land was always highly competitive in which violence speculation and other deceptive means were common Land forms the basis of our social economic and political power structures That is why the `noise about Land Reform has always been much pronounced in this part of the world Our contemporary history of land reform is essentially the history of acquisition and distribution of Khas LandThis is the most unresolved issue of Agrarian Reform There was no dearth of prescription from the side of states and governments in the past fifty years (since the promulgation of East Bengal State Acquisition and Tenancy Act 1950) that intermediaries shall be wiped-out and all land shall belong to the real cultivators as owners This has never been materialized To the contrary a vested interest group representing the power structure comprising of local influentials dishonest politicians government officials and emerging bourgeoisie have managed to occupy almost all the khas lands (agricultural non-agriculatural and waterbodies) illegally From peoples point of view the issue of khas land is so much so

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-36

9 | P a g e

neglected and non-transparent that no one even knows what is the amount of khas land available in Bangladesh No comprehensive research work has so far been undertaken to assess the impact of distribution of the khas land on the poor and the whole range of problems associated with the retention and non-retention of khas land by the poor including the role of the power matrix (agents of power structure) in the process of alienating the poor from their inherent rights to own the khas land The present study purports to fill-in our knowledge gaps about the above important issues so far untouched in the literatureChanges in the economic conditions of the poor through utilizing khas land are given below

bull Economic condition as perceived by the beneficiaries did not improve for most part after having the khas land Improvement was reported by about 46 percent and non improvement was reported by about 54 percent (including reporting of deterioration by about 36 percent) Thus the khas land distribution program as it was implemented did not work so far the official aim to improve upon the economic condition of the landless beneficiaries is concerned bull The degree of improvement of economic conditions is a function of status of retention of khas land (ie status of control over land and crop)

bull Compared to the pre-distribution (of Khas land) period not much improvements in the ownership of plough and cattle heads in the post-distribution period were observed In many places the situation has worsened even Thus ensuring retention alone will not be enough to improve upon the economic status bull Cultivation of own (khas) land was supposed to be the prime source of income for almost all the respondents (beneficiaries) however only 51 percent of them have said so The later share is close to the proportion of respondents who have said in favour of

httpwwwedocfindcomkhasland

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 4: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

4 | P a g e

c Those which are purchased resumed or abandoned

These types of lands are managed by Ministry of land The government land owned by other Ministries and Departments are not necessarily khas land

According to Section 2(15) of State Acquisition and Tenancy Act 1950 khas landldquo lsquokhas landrsquo or lsquoland in khas possessionrsquo in relation to any person includes any land let out together with any building standing thereon and necessary adjuncts thereto otherwise than in perpetuityrdquo

In a highly populated country such as Bangladesh khas (state) land is scarce Through the process of accretion char (accreted) lands emerge mainly in coastal areas which are eventually declared as khas land An annual rate of accretion of 5 080 hectares of land has been estimated from 1973 to 2000 These newly accreted lands according to government policy are supposed to be afforested However at this early stage of land development government administration mechanisms rarely exist People start to occupy accreted lands long before the most vital living conditions are met Several often competing factions led by powerful people mdash locally known as jotdars mdash determine life in these new areas Land allocation byjotdars is described in the next section

Types of khas land

This chapter is devoted mainly to explore a most important but unexpected issue pertaining to the amount of khas land in Bangladesh Once the amount of khas land (by types) is ascertained the logically obvious question would be to know about the occupancy status of those lands Officially published statistics on khas land is not available no one sure about the approximate size of the khas land available in Bangladesh But the whole issue of distributable land reform each basically the issue of distribution of khas land to the poor The methodological problem pertaining to the estimation of amount of khas land and the associated subject areas are depicted in the figure

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-19

Non-agriculturalAgricultural Water bodies Non-agriculturalAgricultural Water bodies

Distributed Not-Distributed

Identified Khas Land Not-Identified Khas Land

Khas Land

5 | P a g e

Inreality only a part of the total amount of khas land in Bangladesh is identified and recorded officially (but not published) There is every reason to argue that a part (extent of which is unknown) of khas land in Bangladesh might be non-identified The most likely reasons attributable to this argument are four-fold

1 Problems in official land record system 2 Dispute between government and ldquoso calledrdquo owner3 Vested group interest 4 Definitional problem of khas land including the problems

relating to the definition of various categories

Therefore it is not possible to provide current estimates of the amount of not-identified khas land in Bangladesh But given the four-fold factors stated above it is plausible to argue that the amount of not-identified portion of khas land would not be insignificant and the not-identified portion definitely includes various categories of khas land as does the identified portion In this backdrop it should be emphasized that we are restricted to present the following analysis based solely on the information available regarding the identified portion khas land

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

6 | P a g e

There are a number of different types of Government owned or khas land In relation to which a number of points should be notedNon-agricultural khas land includes forest and urban areas and is not relevant as a category to potential activities currently under review by GO-IF

1048713 Khas water bodies are administered differently from khas land and are considered separately in Section 9 below

1048713 A considerable area of land is in principle available from holdings exceeding the land reform ceiling of 333 acres but in practice for reasons discussed in Section 2 above this remains under the effective control of its original owners

1048713 No reference can be found to the size of other government acquisitions which include land acquired through cancellation of ownership auction and other Channels but this category is not believed to be of a significant size

1048713 This leaves new land created by alluvion and former agricultural land subject to diluvion as the only significant category of agricultural land from GO-IFrsquos point of view

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

7 | P a g e

1048713 A significant amount of land falling under this category is believed not to have been formally identified in government records The project may wish to conduct pilot local surveys to test this proposition

1048713 Of the identified portion some will already have been distributed and therefore be of little interest

1048713 Of the part which has not been distributed the area available for allocation will clearly be the easiest focus but the project may also wish to test the possibility of seeking to expose and reverse instances of illegal occupation

According to the recent policy (LRAPrsquo87) for distribution of all available lhas lands and in consideration of their productivity they are classified into following three categories (section 35)

Category 1 Triple-cropped land with irrigation facilities 1st class landCategory 2 Double-cropped land with irrigation facilities 2nd

class landCategory 3 single-cropped land without irrigation facilities 3rd

class land

The above policy also states that all available khas lands will have to be subdivided into different plots according to productive capacity The highest quantum of land to be divided in plots and when distributed the highest quantum of land for each family as per classification will be as follows ( section 36)

8 | P a g e

1st class land 100 acre2nd class land 150 acres3rd class land 200 acres

Objectives of granting khas land

Land-peasant-wealth is interrelated and interdepended categories Land is the mother of wealth and labour of the peasants is her father Land and peasantry together form the basis of reproductive civilization and foundation for krishi agriculture and krishti-culture Land is scarce and therefore establishing ownership right over land was always highly competitive in which violence speculation and other deceptive means were common Land forms the basis of our social economic and political power structures That is why the `noise about Land Reform has always been much pronounced in this part of the world Our contemporary history of land reform is essentially the history of acquisition and distribution of Khas LandThis is the most unresolved issue of Agrarian Reform There was no dearth of prescription from the side of states and governments in the past fifty years (since the promulgation of East Bengal State Acquisition and Tenancy Act 1950) that intermediaries shall be wiped-out and all land shall belong to the real cultivators as owners This has never been materialized To the contrary a vested interest group representing the power structure comprising of local influentials dishonest politicians government officials and emerging bourgeoisie have managed to occupy almost all the khas lands (agricultural non-agriculatural and waterbodies) illegally From peoples point of view the issue of khas land is so much so

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-36

9 | P a g e

neglected and non-transparent that no one even knows what is the amount of khas land available in Bangladesh No comprehensive research work has so far been undertaken to assess the impact of distribution of the khas land on the poor and the whole range of problems associated with the retention and non-retention of khas land by the poor including the role of the power matrix (agents of power structure) in the process of alienating the poor from their inherent rights to own the khas land The present study purports to fill-in our knowledge gaps about the above important issues so far untouched in the literatureChanges in the economic conditions of the poor through utilizing khas land are given below

bull Economic condition as perceived by the beneficiaries did not improve for most part after having the khas land Improvement was reported by about 46 percent and non improvement was reported by about 54 percent (including reporting of deterioration by about 36 percent) Thus the khas land distribution program as it was implemented did not work so far the official aim to improve upon the economic condition of the landless beneficiaries is concerned bull The degree of improvement of economic conditions is a function of status of retention of khas land (ie status of control over land and crop)

bull Compared to the pre-distribution (of Khas land) period not much improvements in the ownership of plough and cattle heads in the post-distribution period were observed In many places the situation has worsened even Thus ensuring retention alone will not be enough to improve upon the economic status bull Cultivation of own (khas) land was supposed to be the prime source of income for almost all the respondents (beneficiaries) however only 51 percent of them have said so The later share is close to the proportion of respondents who have said in favour of

httpwwwedocfindcomkhasland

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 5: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

Non-agriculturalAgricultural Water bodies Non-agriculturalAgricultural Water bodies

Distributed Not-Distributed

Identified Khas Land Not-Identified Khas Land

Khas Land

5 | P a g e

Inreality only a part of the total amount of khas land in Bangladesh is identified and recorded officially (but not published) There is every reason to argue that a part (extent of which is unknown) of khas land in Bangladesh might be non-identified The most likely reasons attributable to this argument are four-fold

1 Problems in official land record system 2 Dispute between government and ldquoso calledrdquo owner3 Vested group interest 4 Definitional problem of khas land including the problems

relating to the definition of various categories

Therefore it is not possible to provide current estimates of the amount of not-identified khas land in Bangladesh But given the four-fold factors stated above it is plausible to argue that the amount of not-identified portion of khas land would not be insignificant and the not-identified portion definitely includes various categories of khas land as does the identified portion In this backdrop it should be emphasized that we are restricted to present the following analysis based solely on the information available regarding the identified portion khas land

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

6 | P a g e

There are a number of different types of Government owned or khas land In relation to which a number of points should be notedNon-agricultural khas land includes forest and urban areas and is not relevant as a category to potential activities currently under review by GO-IF

1048713 Khas water bodies are administered differently from khas land and are considered separately in Section 9 below

1048713 A considerable area of land is in principle available from holdings exceeding the land reform ceiling of 333 acres but in practice for reasons discussed in Section 2 above this remains under the effective control of its original owners

1048713 No reference can be found to the size of other government acquisitions which include land acquired through cancellation of ownership auction and other Channels but this category is not believed to be of a significant size

1048713 This leaves new land created by alluvion and former agricultural land subject to diluvion as the only significant category of agricultural land from GO-IFrsquos point of view

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

7 | P a g e

1048713 A significant amount of land falling under this category is believed not to have been formally identified in government records The project may wish to conduct pilot local surveys to test this proposition

1048713 Of the identified portion some will already have been distributed and therefore be of little interest

1048713 Of the part which has not been distributed the area available for allocation will clearly be the easiest focus but the project may also wish to test the possibility of seeking to expose and reverse instances of illegal occupation

According to the recent policy (LRAPrsquo87) for distribution of all available lhas lands and in consideration of their productivity they are classified into following three categories (section 35)

Category 1 Triple-cropped land with irrigation facilities 1st class landCategory 2 Double-cropped land with irrigation facilities 2nd

class landCategory 3 single-cropped land without irrigation facilities 3rd

class land

The above policy also states that all available khas lands will have to be subdivided into different plots according to productive capacity The highest quantum of land to be divided in plots and when distributed the highest quantum of land for each family as per classification will be as follows ( section 36)

8 | P a g e

1st class land 100 acre2nd class land 150 acres3rd class land 200 acres

Objectives of granting khas land

Land-peasant-wealth is interrelated and interdepended categories Land is the mother of wealth and labour of the peasants is her father Land and peasantry together form the basis of reproductive civilization and foundation for krishi agriculture and krishti-culture Land is scarce and therefore establishing ownership right over land was always highly competitive in which violence speculation and other deceptive means were common Land forms the basis of our social economic and political power structures That is why the `noise about Land Reform has always been much pronounced in this part of the world Our contemporary history of land reform is essentially the history of acquisition and distribution of Khas LandThis is the most unresolved issue of Agrarian Reform There was no dearth of prescription from the side of states and governments in the past fifty years (since the promulgation of East Bengal State Acquisition and Tenancy Act 1950) that intermediaries shall be wiped-out and all land shall belong to the real cultivators as owners This has never been materialized To the contrary a vested interest group representing the power structure comprising of local influentials dishonest politicians government officials and emerging bourgeoisie have managed to occupy almost all the khas lands (agricultural non-agriculatural and waterbodies) illegally From peoples point of view the issue of khas land is so much so

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-36

9 | P a g e

neglected and non-transparent that no one even knows what is the amount of khas land available in Bangladesh No comprehensive research work has so far been undertaken to assess the impact of distribution of the khas land on the poor and the whole range of problems associated with the retention and non-retention of khas land by the poor including the role of the power matrix (agents of power structure) in the process of alienating the poor from their inherent rights to own the khas land The present study purports to fill-in our knowledge gaps about the above important issues so far untouched in the literatureChanges in the economic conditions of the poor through utilizing khas land are given below

bull Economic condition as perceived by the beneficiaries did not improve for most part after having the khas land Improvement was reported by about 46 percent and non improvement was reported by about 54 percent (including reporting of deterioration by about 36 percent) Thus the khas land distribution program as it was implemented did not work so far the official aim to improve upon the economic condition of the landless beneficiaries is concerned bull The degree of improvement of economic conditions is a function of status of retention of khas land (ie status of control over land and crop)

bull Compared to the pre-distribution (of Khas land) period not much improvements in the ownership of plough and cattle heads in the post-distribution period were observed In many places the situation has worsened even Thus ensuring retention alone will not be enough to improve upon the economic status bull Cultivation of own (khas) land was supposed to be the prime source of income for almost all the respondents (beneficiaries) however only 51 percent of them have said so The later share is close to the proportion of respondents who have said in favour of

httpwwwedocfindcomkhasland

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 6: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

6 | P a g e

There are a number of different types of Government owned or khas land In relation to which a number of points should be notedNon-agricultural khas land includes forest and urban areas and is not relevant as a category to potential activities currently under review by GO-IF

1048713 Khas water bodies are administered differently from khas land and are considered separately in Section 9 below

1048713 A considerable area of land is in principle available from holdings exceeding the land reform ceiling of 333 acres but in practice for reasons discussed in Section 2 above this remains under the effective control of its original owners

1048713 No reference can be found to the size of other government acquisitions which include land acquired through cancellation of ownership auction and other Channels but this category is not believed to be of a significant size

1048713 This leaves new land created by alluvion and former agricultural land subject to diluvion as the only significant category of agricultural land from GO-IFrsquos point of view

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-84

7 | P a g e

1048713 A significant amount of land falling under this category is believed not to have been formally identified in government records The project may wish to conduct pilot local surveys to test this proposition

1048713 Of the identified portion some will already have been distributed and therefore be of little interest

1048713 Of the part which has not been distributed the area available for allocation will clearly be the easiest focus but the project may also wish to test the possibility of seeking to expose and reverse instances of illegal occupation

According to the recent policy (LRAPrsquo87) for distribution of all available lhas lands and in consideration of their productivity they are classified into following three categories (section 35)

Category 1 Triple-cropped land with irrigation facilities 1st class landCategory 2 Double-cropped land with irrigation facilities 2nd

class landCategory 3 single-cropped land without irrigation facilities 3rd

class land

The above policy also states that all available khas lands will have to be subdivided into different plots according to productive capacity The highest quantum of land to be divided in plots and when distributed the highest quantum of land for each family as per classification will be as follows ( section 36)

8 | P a g e

1st class land 100 acre2nd class land 150 acres3rd class land 200 acres

Objectives of granting khas land

Land-peasant-wealth is interrelated and interdepended categories Land is the mother of wealth and labour of the peasants is her father Land and peasantry together form the basis of reproductive civilization and foundation for krishi agriculture and krishti-culture Land is scarce and therefore establishing ownership right over land was always highly competitive in which violence speculation and other deceptive means were common Land forms the basis of our social economic and political power structures That is why the `noise about Land Reform has always been much pronounced in this part of the world Our contemporary history of land reform is essentially the history of acquisition and distribution of Khas LandThis is the most unresolved issue of Agrarian Reform There was no dearth of prescription from the side of states and governments in the past fifty years (since the promulgation of East Bengal State Acquisition and Tenancy Act 1950) that intermediaries shall be wiped-out and all land shall belong to the real cultivators as owners This has never been materialized To the contrary a vested interest group representing the power structure comprising of local influentials dishonest politicians government officials and emerging bourgeoisie have managed to occupy almost all the khas lands (agricultural non-agriculatural and waterbodies) illegally From peoples point of view the issue of khas land is so much so

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-36

9 | P a g e

neglected and non-transparent that no one even knows what is the amount of khas land available in Bangladesh No comprehensive research work has so far been undertaken to assess the impact of distribution of the khas land on the poor and the whole range of problems associated with the retention and non-retention of khas land by the poor including the role of the power matrix (agents of power structure) in the process of alienating the poor from their inherent rights to own the khas land The present study purports to fill-in our knowledge gaps about the above important issues so far untouched in the literatureChanges in the economic conditions of the poor through utilizing khas land are given below

bull Economic condition as perceived by the beneficiaries did not improve for most part after having the khas land Improvement was reported by about 46 percent and non improvement was reported by about 54 percent (including reporting of deterioration by about 36 percent) Thus the khas land distribution program as it was implemented did not work so far the official aim to improve upon the economic condition of the landless beneficiaries is concerned bull The degree of improvement of economic conditions is a function of status of retention of khas land (ie status of control over land and crop)

bull Compared to the pre-distribution (of Khas land) period not much improvements in the ownership of plough and cattle heads in the post-distribution period were observed In many places the situation has worsened even Thus ensuring retention alone will not be enough to improve upon the economic status bull Cultivation of own (khas) land was supposed to be the prime source of income for almost all the respondents (beneficiaries) however only 51 percent of them have said so The later share is close to the proportion of respondents who have said in favour of

httpwwwedocfindcomkhasland

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 7: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

7 | P a g e

1048713 A significant amount of land falling under this category is believed not to have been formally identified in government records The project may wish to conduct pilot local surveys to test this proposition

1048713 Of the identified portion some will already have been distributed and therefore be of little interest

1048713 Of the part which has not been distributed the area available for allocation will clearly be the easiest focus but the project may also wish to test the possibility of seeking to expose and reverse instances of illegal occupation

According to the recent policy (LRAPrsquo87) for distribution of all available lhas lands and in consideration of their productivity they are classified into following three categories (section 35)

Category 1 Triple-cropped land with irrigation facilities 1st class landCategory 2 Double-cropped land with irrigation facilities 2nd

class landCategory 3 single-cropped land without irrigation facilities 3rd

class land

The above policy also states that all available khas lands will have to be subdivided into different plots according to productive capacity The highest quantum of land to be divided in plots and when distributed the highest quantum of land for each family as per classification will be as follows ( section 36)

8 | P a g e

1st class land 100 acre2nd class land 150 acres3rd class land 200 acres

Objectives of granting khas land

Land-peasant-wealth is interrelated and interdepended categories Land is the mother of wealth and labour of the peasants is her father Land and peasantry together form the basis of reproductive civilization and foundation for krishi agriculture and krishti-culture Land is scarce and therefore establishing ownership right over land was always highly competitive in which violence speculation and other deceptive means were common Land forms the basis of our social economic and political power structures That is why the `noise about Land Reform has always been much pronounced in this part of the world Our contemporary history of land reform is essentially the history of acquisition and distribution of Khas LandThis is the most unresolved issue of Agrarian Reform There was no dearth of prescription from the side of states and governments in the past fifty years (since the promulgation of East Bengal State Acquisition and Tenancy Act 1950) that intermediaries shall be wiped-out and all land shall belong to the real cultivators as owners This has never been materialized To the contrary a vested interest group representing the power structure comprising of local influentials dishonest politicians government officials and emerging bourgeoisie have managed to occupy almost all the khas lands (agricultural non-agriculatural and waterbodies) illegally From peoples point of view the issue of khas land is so much so

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-36

9 | P a g e

neglected and non-transparent that no one even knows what is the amount of khas land available in Bangladesh No comprehensive research work has so far been undertaken to assess the impact of distribution of the khas land on the poor and the whole range of problems associated with the retention and non-retention of khas land by the poor including the role of the power matrix (agents of power structure) in the process of alienating the poor from their inherent rights to own the khas land The present study purports to fill-in our knowledge gaps about the above important issues so far untouched in the literatureChanges in the economic conditions of the poor through utilizing khas land are given below

bull Economic condition as perceived by the beneficiaries did not improve for most part after having the khas land Improvement was reported by about 46 percent and non improvement was reported by about 54 percent (including reporting of deterioration by about 36 percent) Thus the khas land distribution program as it was implemented did not work so far the official aim to improve upon the economic condition of the landless beneficiaries is concerned bull The degree of improvement of economic conditions is a function of status of retention of khas land (ie status of control over land and crop)

bull Compared to the pre-distribution (of Khas land) period not much improvements in the ownership of plough and cattle heads in the post-distribution period were observed In many places the situation has worsened even Thus ensuring retention alone will not be enough to improve upon the economic status bull Cultivation of own (khas) land was supposed to be the prime source of income for almost all the respondents (beneficiaries) however only 51 percent of them have said so The later share is close to the proportion of respondents who have said in favour of

httpwwwedocfindcomkhasland

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 8: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

8 | P a g e

1st class land 100 acre2nd class land 150 acres3rd class land 200 acres

Objectives of granting khas land

Land-peasant-wealth is interrelated and interdepended categories Land is the mother of wealth and labour of the peasants is her father Land and peasantry together form the basis of reproductive civilization and foundation for krishi agriculture and krishti-culture Land is scarce and therefore establishing ownership right over land was always highly competitive in which violence speculation and other deceptive means were common Land forms the basis of our social economic and political power structures That is why the `noise about Land Reform has always been much pronounced in this part of the world Our contemporary history of land reform is essentially the history of acquisition and distribution of Khas LandThis is the most unresolved issue of Agrarian Reform There was no dearth of prescription from the side of states and governments in the past fifty years (since the promulgation of East Bengal State Acquisition and Tenancy Act 1950) that intermediaries shall be wiped-out and all land shall belong to the real cultivators as owners This has never been materialized To the contrary a vested interest group representing the power structure comprising of local influentials dishonest politicians government officials and emerging bourgeoisie have managed to occupy almost all the khas lands (agricultural non-agriculatural and waterbodies) illegally From peoples point of view the issue of khas land is so much so

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-36

9 | P a g e

neglected and non-transparent that no one even knows what is the amount of khas land available in Bangladesh No comprehensive research work has so far been undertaken to assess the impact of distribution of the khas land on the poor and the whole range of problems associated with the retention and non-retention of khas land by the poor including the role of the power matrix (agents of power structure) in the process of alienating the poor from their inherent rights to own the khas land The present study purports to fill-in our knowledge gaps about the above important issues so far untouched in the literatureChanges in the economic conditions of the poor through utilizing khas land are given below

bull Economic condition as perceived by the beneficiaries did not improve for most part after having the khas land Improvement was reported by about 46 percent and non improvement was reported by about 54 percent (including reporting of deterioration by about 36 percent) Thus the khas land distribution program as it was implemented did not work so far the official aim to improve upon the economic condition of the landless beneficiaries is concerned bull The degree of improvement of economic conditions is a function of status of retention of khas land (ie status of control over land and crop)

bull Compared to the pre-distribution (of Khas land) period not much improvements in the ownership of plough and cattle heads in the post-distribution period were observed In many places the situation has worsened even Thus ensuring retention alone will not be enough to improve upon the economic status bull Cultivation of own (khas) land was supposed to be the prime source of income for almost all the respondents (beneficiaries) however only 51 percent of them have said so The later share is close to the proportion of respondents who have said in favour of

httpwwwedocfindcomkhasland

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 9: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

9 | P a g e

neglected and non-transparent that no one even knows what is the amount of khas land available in Bangladesh No comprehensive research work has so far been undertaken to assess the impact of distribution of the khas land on the poor and the whole range of problems associated with the retention and non-retention of khas land by the poor including the role of the power matrix (agents of power structure) in the process of alienating the poor from their inherent rights to own the khas land The present study purports to fill-in our knowledge gaps about the above important issues so far untouched in the literatureChanges in the economic conditions of the poor through utilizing khas land are given below

bull Economic condition as perceived by the beneficiaries did not improve for most part after having the khas land Improvement was reported by about 46 percent and non improvement was reported by about 54 percent (including reporting of deterioration by about 36 percent) Thus the khas land distribution program as it was implemented did not work so far the official aim to improve upon the economic condition of the landless beneficiaries is concerned bull The degree of improvement of economic conditions is a function of status of retention of khas land (ie status of control over land and crop)

bull Compared to the pre-distribution (of Khas land) period not much improvements in the ownership of plough and cattle heads in the post-distribution period were observed In many places the situation has worsened even Thus ensuring retention alone will not be enough to improve upon the economic status bull Cultivation of own (khas) land was supposed to be the prime source of income for almost all the respondents (beneficiaries) however only 51 percent of them have said so The later share is close to the proportion of respondents who have said in favour of

httpwwwedocfindcomkhasland

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 10: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

10 | P a g e

complete retention of khas land Thus there exists close relationship between a persons reporting of cultivation as prime source of income and hisher bull Complete command and control over the khas land The discrepancy found is most likely a concentrated expression of inefficient implementation of khas land distribution program bull Sharp increase in the proportion of beneficiaries reporting day labour as main source of income implies worsening of the economic conditions of most respondents included in this category Most respondents in this category comprise of those whose retention over land and crop was in the bottom of the retention scale (ie from partial to complete non-retention) This can be denoted as a reflection of adverse inclusion wherein many of the beneficiaries of khas land are being alienated from the possession over the land and crop and then in the process of regaining the same invested money and energy and became economically weak and finally reached a point in which there is no alternative (choice) but to sell their labor power in the market

Creation of khas land

Transformation of land into khas land has been taken place at different times through different processes using various legal instruments The sources have been clearly articulated in articles 86 87 90 91 92 and 93 of State Acquisition and Tenancy Act 1950 The sources of khas land according to the State Acquisition and Tenancy Act(EBSATA) 1950 were as follows

All diluviated land According to article 86 ldquo(1) If the lands of a holding or a portion of such lands are lost by diluvion the rent or the land development tax of holding shall on application or intimation made by the tenant in the prescribed form to the Revenue-officer be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules which shall be

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-79

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 11: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

11 | P a g e

treated as proof of title to the lands when the same re-appear in situ

(2) Notwithstanding anything contained in any other law for the time being in force the right title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss

(3) Notwithstanding the right title and interest under sub-section (2) the right to immediate possession of the lands re-appeared shall first be exercised by the Collector either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person

(4) Notwithstanding anything contained elsewhere in this Act the Collector or the Revenue-officer shall on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof

(5) The Collector shall within 45 days of the completion of survey and preparation of map under sub-section (4) allot to the tenant whose land was so lost by diluvion or as the case may be to his successors-in-interest such quantity of land which together with the land already held by him or his successors-in-interest shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest if any after the allotment shall vest in and be at the disposal of the Government

(6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-20

SAT Act1950 section-86

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 12: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

12 | P a g e

(7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development worksrdquo

All land reappeared after diluvion and all newly accreted char land According to article 87 ldquo(1) Notwithstanding anything contained in any other law for the time being in force when any land has been gained by accession whether from the recess of a river or of the sea it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed but shall vest absolutely in the Government of the Peoples Republic of Bangladesh and shall be at their disposal

(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June 1972 but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order 1972 (PO No 137 of 1972) under the law then in force

(3) All suits applications appeals or other proceedings for the assertion of any claim to hold as an increment to any holding any land gained or alleged to have been gained from the recess of a river or of the sea pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit application or other legal proceedings in respect of any such claimrdquo

Land is excess of the ceiling for private ownership and possession of land violating this rule According to Article 90 ldquo (1) Notwithstanding anything contained in any other law for the time being in force no person shall after the commencement of this Part be entitled to purchase or otherwise acquire except in accordance

SAT Act 1950 section-87

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 13: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

13 | P a g e

with the provisions of this Part any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas

(2) Notwithstanding anything contained in any other law for the time being in force the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act 1913 except to a bona fide cultivator and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas and no such transfer shall be valid if on such transfer the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas

Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas if-

(i) such person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances and

(ii) in the case of a co-operative society the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming irrespective of whether it uses power driven mechanical appliances or not and that the ownership of the land has been transferred unconditionally to the society by the individual members and in either case such transfer is limited to the extent specified in the certificate granted by such Revenue Authority

SAT Act 1950 section-90

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 14: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

14 | P a g e

Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities

(3) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in such permission for occupation and use for commercial or industrial purposes or for charitable or religious purposes

(4) Notwithstanding anything contained in sub-section (1) or (2) a person who is not a bona fide cultivator may with the previous written permission of the prescribed Revenue Authority purchase or otherwise acquire such quantity of land as may be specified in the permission for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars and such person shall hold the land so acquired as a tenant under the Government

Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1)

Provided further that in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family if no dwelling house is constructed on the land within five years from the date of such acquisition the right of such person in such land shall be extinguished and the land shall vest on the Government

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 15: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

15 | P a g e

(5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances

Hereditary ownership in excess of the ceiling for private ownership Acording to Article 91 ldquo Notwithstanding anything contained in any other law for the time being in force when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90 it shall be lawful for the Government to acquire an area of such land equivalent to such excess to be selected according to the choice of such person on payment of compensation at the rates laid down in sub-section (1) of section 39

The right to land ownership is cancelled according to Article 92 if-

(1) The interest of a raiyat in a holding shall be extinguished-

(a) when he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject

(b) when he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer

(c) when he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by or with the aid of servants or labourers or with the aid of partners or bargadars for a period of three successive years or-

(d) when such interest has devolved by inheritance under the law of inheritance to which such raiyat is subject on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 16: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

16 | P a g e

family or by or with the aid of servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land

(2) When the interest of a raiyat in a holding is extinguished under sub-section (1) the Revenue-officer may enter on the holding and the holding shall with effect from the date on which the Revenue-officer so enters on it vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section but the persons whose interests in the holdings are extinguished under clauses (b) (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings

(3) Before entering on a holding under sub-section (2) the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision

(4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may instead of filing an appeal under section 147 institute a suit in the Civil Court against such order Notwithstanding anything contained in any other law for the time being in force such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3)

(5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable

SAT Act 1950 section-147

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 17: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

17 | P a g e

If the land is leased out as pattan violating the provision of Article 93 According to article 93 ldquo(1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever

(2) If any holding or any part of holding is sublet in contravention of the provisions of this section the interest of the raiyat in the holding or in that part of the holding shall be extinguished and the holding or the part of the holding as the case may be shall vest in the Government from the date of such subleting free from all encumbrancesrdquo

Subsequent to EBASTA 1950 there has been changes in the source(s) of khas land According to the Government Estate (GE) Manual all lands included in khatian No 1 are khas lands The Land Reform Action Programme 1987 includes the following as khas landAll lands(eligible for settlement) included in part II of Register VIIIAll lands(with easement rights) which have changed their character and included in Part 1 of Register VIIIAgricultural (reformed) land included in Part V of Register VIIIAll landsfallow or cultivated under different government or semi-government bodies if found either unutilized or acquired in excess of requirement subject to return Lands where ownership has been extinguished or the Land is not claimed by any bodySurrendered lands under PO9872 Lands thrown up from the bed of the river or sea (sections 86 and 87 of Sat) Lands resumed by the Government Any land surrendered to the Government under any law for the time being in force

Bangladesh land holding limitation Order 1972

section 92 of SAT Act1950

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 18: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

18 | P a g e

Thus based on the above delineation it can be said that the major sources of khas land include the followingdeluviated land newly accreted char land land excess of ceiling land due to cancellation of ownership government produced land through auction some categories of land in Register VIII (part I II and V) unutilized pond of different government and semi government bodies among others

Statistics regarding khas landWith all the limitations stated above we have made an attempt to provide estimates of khas land in BangladeshThe estimated amount of total identified khas land in Bangladesh is 33 million acres with 08 million acres of agricultural khas land 17 million acres of nonagricultural khas land and 08 million acres of khas water bodies 75 of the total khas lands is khas land and 25 is water bodies Among lands 803309 acres (3226) are agricultural lands and 1686354 acres (6774) are non-agricultural land A statistics shows thatDivision Agricultural

Khas LandNon-agricultural khas land

Khas water-bodies

Closed Open (acres) (acres)

Total Amount of Khas land and Khas water bodies in Bangladesh(acres)

Dhaka 20713597 6228200 171453 11080115 39736565

Chittagong 15673431 133911543 1127948 314913 153855820

Sylhet 12976412 12049182 7274694 2619649 34919937

Rajshahi 16300796 12594572 21232153 7172745 57300266

Khulna 5171401 3672804 2740700 3362649 1447554

Barishal 9495245 179092 483433 21083867 14947537

Bangladesh 80330880 168635400 34573620 484661938 332001750

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-86

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 19: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range

19 | P a g e

In terms of agricultural khas land the Dhaka division maintains the largest share in the country(2579 percent of total) If we look at the district-wise figures in dhaka division Netrokona district appears to be the largest sharer of agriculture khas land(565 percent of country-total) followed by Kishorgonj (340 percent) Jamalpur (329 percent) Mymensingh(275 percent) Faridpur (168 percent) Shariatpur (161 percent) and Manikgonj (147 percent) A 1951 percent of total agricultural khas land is available in Chittagonge division The district-wise figures of Chittagong division shows that Chittagong district possess the largest share (652 percent total of country) followed by Noakhali (432 percent) Lakshmipur (304) and Coxrsquos Bazar (218 percent)In Sylhet divison the largest share is held by Sunamgonj district (962 percent of country-total) followed by sylhet (315) and Moulabhibazar (220 percent) In fact Table 4 indicates that the amount of agricultural khas land is maximum available in Sunamgonj district We have mentioned earlier that sylhet division holds 1615 percent of total agricultural khas land in the countryA 203 percent of total agricultural khas land is held by Rajshahi division In Rajshahi division Rangpur district possess the largest share (354 percent total of Bangladesh ) followed by Nilphamari (225 percent) Noabgonj (197 percent) Rajshahi (191 percent) and Natore (162 percent)Khulna Division holds 644 percent of the total agricultural khas land In Khulna division Khulna district posses highest share (182 percent of country-total) followed by Narail (142 percent) In Barisal division Patuakhali district holds 532 percent of total agricultural khas land followed by Bhola (396 percent) In sum 1182 percent of agricultural khas land of the country is available in Barisal divisionDhaka division holds very low share of total non-agricultural khas land in the country (369 percent of country-total) In Dhaka division as shown in the table four Tangail district posses the largest share (141 percent of country total) Chittagong division posses 7941 percent of total non-agricultural khas land in the country In Chittagong division Rangamati district alone maintains 32 percent of country-total followed by Bandarban (2450 percent) Chittagong (317 percent) and Khagrachari (244 percent) These are mainly the Hill and forest Zones

In Sylhet division Sylhet district accounts for 345 percent of country-total followed by Moulvibazar (145 percent) and Sunamgonj (126 percent) In sum Sylhet division holds 715 percent of total non-agricultural khas land in the country

20 | P a g e

In Rajshahi division 155 percent of total non-agricultural khas land is available in rajshahi district followed by Bogra (126 percent) and Nababgonj (123 percent ) In sum Rajshahi division holds 747 percent of country-total

Khulna division holds only 218 percent of total non-agricultural khas land in the country In Khulna division the largest share is held by Satkhira (099 percent)

Barisal division holds very insignificant proportion of total non-agricultural khas land (only 011 percent of country total)

The above amount of khas suffers from underestimation The actual amount of khas land should be higher than 33 million acres This is attributable to the fact that a part of the land (agricultural non-agricultural) and waterbodies which should be khas is still not identified in the official record (extent of which is unknown) The reasons are attributable to the problems in official land record system and dispute between government and so called owner The amount of khas land and water bodies available in the country varies by divisions ranging between 463 percent in Chittagong and only 45 percent in Khulna In terms of availability of agricultural khas land Dhaka division has the maximum share - 26 percent and Khulna - the least (64) Khas lands as percent of total land in Bangladesh

Division (s) Total Area (areas)

Total Khas Land and khas water bodies (acres)

Total Khas land and khas water-bodies as of total areas

Dhaka 7739619 39736565 501Chittagong 80422647 153855820 191Sylhet 3112523 34919937 113Rajshahi 9477316 57300266 60Khulna 5446393 14947554 27Barishal 3143339 31241637 99

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-91

21 | P a g e

Bangladesh 36961837 332001750 89

Serious mismatch is evident in the official statistics of open water bodies a total of about 23 million acres of water bodies is missing Similarly about 71000 acres of agricultural khas land is also missing Availability of khas land (agricultural and non-agricultural) varies by administrative districts In terms of agricultural khas land the highest share belongs to Sunamgonj district (about 10 of country total) and the lowest to Narshingdi (008 of country total) The highest share of non-agricultural khas land belongs to Rangamati (32 of the country total and the lowest with 001 percent to atleast 12 districts (with nil for two districts)

Here is a statistics on the distribution of khas land per landless households in 64 districts

Land per landless Household(Acres)

Numbers of districtsAgricultural khas land

Non-agricultural khas land

Total khas land

00-010 9 33 6011-020 14 5 2021-030 12 5 6031-040 8 5 11041-050 7 6 7051-060 2 1 5061-070 3 0 5071-080 1 1 3081-0100 4 1 5101-160 4 7 14All districts 64 64 64

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-87

22 | P a g e

Eligibility

Khas land is legally reserved for distribution to landless households with priorityBeing given as follows1 Diluviated tenantrsquos family2 Martyred or crippled freedom fighterrsquos family3 Widowed or divorced lady with working son4 Family without a homestead and agricultural land5 Landless family with homestead land only6 Family with homestead land and less than 05 acres agricultural land

LandlessnessAbout 85 people out of132 million live in the rural areas of Bangladesh Agriculture is their main occupation amp means of livelihood According to government report 57 people of Bangladesh are landless poor amp they live below poverty level But Non-Government sources say that the number of landless people in Bangladesh are more than 68 They live in perpetual poverty hunger disease and deprivation The percentage of landless people over the last few decades are as follows

1947 1431970 1981975 32

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-103

23 | P a g e

1984 462001 688

10 absentee land owners own 506 of the total cultivable land of Bangladesh According to Dr Mahboob Hossain amp Prof Abdul Byes 45 of the landless amp poor marginalized peasants in the rural areas own only 5 of the total cultivable land of Bangladesh and receives 10 needed credit from institutional sources They further said that 22 of the rich amp middle farmers of rural areas of Bangladesh own 71 of the total land amp receive 31 institutional creditAccording to the official policy khas land is supposed to be distributed among the landless of varied category This was the prime reason for our investigating into the land ownership status of the would-be beneficiaries of khas land or in other words the ownership status of the beneficiaries before they received the benefit (khas land) The pertinent issues in this regard were investigated using the following elements in the interview schedule with the beneficiaries inter-generational history of the land ownership status of the beneficiary in a time- continuum household economic status housing status and reason for landlessnessThe status of land ownership of the respondents prior to receiving of khas land is presented in table 9 It is evident that 46 percent of the respondents were completely landless (having zero aces of land) at the time they received khas land This landlessness is highly pronounced in Hatiya(78 percent) and relatively low in Shailkupa (16 percent) Furthermore 365 percent of the total respondents were functionally landless(having some land but not exceeding 50 decimals) The incidence is highly pronounced in Shailkupa (64 percent) and low in Hatiya (6 percent) Therefore in effect 828 percent of the total respondents were landless (completely and functionally) prior to receiving khas land Logically based on this very preliminary estimation it follows that 172 percent of total respondents were non-landless(having land amounting 51 decimals or above) who were not eligible to receive khas land but did receive khas land The share of non-landless who received khas land is highest in Shailkupa(20 percent) and lowest in Gaibandha and

Barkat et al 2001 p 65 reporting LRAP 1987

24 | P a g e

Hatiya (15 percent each) It thus appears that spite of the existence of rules and regulations regarding the distribution of khas land which clearly imply that non-landless people owning more than 50decimals or land are not eligible to receive khas land a significant percentage of non-landless people have received khas land Thus based on this criteria it would not be impulsive to argue that in all the four sample areas the rules and regulations regarding the distribution of khas land to the landless poor people had been violated to a large degree

Land ownership(In decimals)

Debhata Gaibandha

Hatiya Shailkupa All

0 380 520 780 160 460020 300 200 40 410 2382150 140 120 20 230 125gt50 180 160 160 200 172Total 100(50) 100(50) 100(50) 100(50) 100(200)

Now it would be pertinent to discuss about the status of land ownership of the respondents at the point of time when the study was being conducted Information containing in table 10 are about the present status of land ownership of the people who received khas land in the past It is quite interesting to observe that in spite of receiving khas land in the past a large proportion of the respondents reported that they were landless at present In fact 165 percent of the total respondents were completely landless which is highly pronounced in Gaibandha with 50 percent followed by debhata with 16 percent This has promoted us to investigate into the process and mechanism of distribution and utilization oif khas land

Land Debhata Gaibandh Hatiya Shailkupa All

25 | P a g e

ownership (in decimals)

a

0 160 500 00 00 165120 140 40 20 40 602150 8 60 00 60 50gt50 620 400 980 900 725Total 100(50) 100(50) 100(50) 100(50) 100(200)

Theoretically the basic thrust behind the programme of khas land distribution was to enhance the land ownership status of the landless people by allocating them khas land and thus making Them land-owner (with usufructory right ) But this did not happen for 59 present of the case in Gaibandha and around 16 percent case in debhata Plausible and relevant question in this regard should be raised about the present status of these lost lsquokhas lands That means what happened to these lost khas lands after distribution who are the present occupiers of these land

The above analysis point to findings having high policy reliance1 A large proportion of beneficiaries of khas land comprises of

those who are not entitled to receive the same2 A sizeable proportion of khas land receiversrsquo have became

landless in the process

Who got into the trap of landless and when Answer to this question gives us some insights into the historical background of piece of most scarce commoditymdashthe khas land Table 11 shows the distribution of the beneficiaries by time since when they had been landless It is evident that 126 percent of the respondents become landless by 1950 and another 416 percent become landless during 1951-1970 the impact of 1971 war of independence and famine in 1974 on landless of the respondents could be traced by the fact that 17 percent of the respondents became landless during 1971-1975

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-109

26 | P a g e

which is obviously a size of figure for that littlie duration of time During this period 1971-75 the incidence was highest in Gaibandha (28) followed by Hatiya (24) The figure for late 1970s and the 1980s are comparatively low But during this first 7 years of 1990s 120 percent of the respondents became landless which is by no doubt a high figure Here it would be interesting to note that this incidence was highly localized happened only in Gaibandha as 48 percent of the respondents in Gaibandha became landless during that period

Total periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1922-1950

180 40 100 180 125

1950-1960

380 80 180 260 225

1960-1970

160 40 280 240 180

1970-1975

100 280 240 60 170

1975-1980

80 00 60 80 55

1980-1985

60 60 40 80 60

1985-1990

40 20 100 100 65

1990-1997

00 480 00 00 120

27 | P a g e

Total 100(50) 100(50) 100(50) 100(50) 100(200)

The pattern of the time dimension of landless is interesting and important on several counts

53 percent of the landless became landless during the Pakistan period where 47 percent became landless during (27 years) the Bangladesh period Thus the relative intensity of landlessness was higher than the Pakistan period than the Bangladesh period

A sizable proportion (about 17) have become landless due

to the effect of war independence and subsequent immediate hardship (especially the famine of 1974)

A significant percentage (18) have became landless during

the autocratic regimes in Bangladesh The autocratic regimes under Pakistani rule and the same

during the Bangladesh period have contributed to the predominant share (71) of the landless

Multiple reasons have been reported as reasons behind becoming landless Two major reasons for landless as reported by the respondents were attributed to inheritance (born as landless) and river erosion Inheritance appeared to be the major reason as 87 percent of the respondentsrsquo reported in favor of this reason It is thus clear that majority of the respondents were landless by birth Also about 35 percent of the respondents reported that river erosion was another major factor that caused landless

Reasons Debhata

Gaibandha

Hatiya Shailkupa

All

River erosion 00 760 620 00 345

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-111

28 | P a g e

Engulfed by local influential

00 00 00 20 05

Sold due to economic hardship

00 00 00 20 05

Inheritance 100 760 740 980 870N 50 50 50 50 200

Looking at four sample spots separately gives us some contrasted pictures In Debhata and shailkupa almost all the respondents were landless by inheritance A few respondents in shailkupa mentioned two other reasons -engulfment of their land by local influential and selling land due to economic hardship (distress sale) On the other hand in Gaibandha and Hatiya in addition to inheritance river erosion played an immense role in the process of landlessnessDistribution of Time during Which the Respondents Received Khas LandTable 13 shows different time period during watch the respondents received khas land It appears that most of the respondents (535 percent) received khas land during 1991-96 Another about 38 percent of the respondents received khas land during 1981-90 It is worth mentioning that only 7 percent of the respondents received khas land during 1997 and onwards The four sample areas undertaken for the percentage study do not show uniformity in this regard

In Gaibandha and Shailkupa maximum respondents (94 and 97 respectively) received khas land during 1991-96 while in Hatiya and Debata most of the respondents (76 and 68 respectively) received khas land during 1981-90

Time Periods

Debhata ()

Gaibandha ()

Hatiya ()

Shailkupa ()

All ()

1969- 80 00 00 00 20

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-112

29 | P a g e

19801981-1990

680 20 760 40 375

1991-1996

140 940 80 960 530

1997-1999

100 20 160 00 70

Total 100(50) 100(50) 100(50) 100(50) 100(200)

Thus the analysis oh timing of distribution of khas land points to the following

Khas land distribution is mainly a post-liberation phenomenon

Most of the khas land what has been distributed has taken place during 1981-1990 period

The relative intensity of distribution was high during 1991-96 (53 in 7 years) followed by 1981-90 (375 in 10 years) and

The distribution of khas land was not much pronounced during 1997-99

The basic thrust of khas land distribution program is to provide khas land to the landless households The distribution program involves various stages of which listing of landless are the primary one If the listing work is not correct or efficient then the efficiency and correctness of the whole distribution program become questionable By correctness and efficiency of the listing work we mean

Whether the eligible persons-only the landless are included in the list

Whether all the genuine landless are included in the list

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-113

30 | P a g e

It is therefore our primary objective of the study to investigate the aforementioned two criteria of the khas land distribution program for evaluating the nature of listing work This will help in understanding many of the internal dynamics of the khas land distribution land

Who listed who not

The Table provides an estimate of the number of household who were incorporated in the list and also the number of landless households who were excluded from the official list As mentioned earlier we could not manage the official list of landless for the distribution of khas land We therefore listed all the households who claimed to be included ion the official lists In addition we noted that there was significant number of landless households who were not incorporated in the official lists All relevant findings are presented in the table

Sample area Total HH shown as landless in official list

Total Landless HH excluded from the official list

Total non-landless HH included in the official list

Landless HH excluded from the official list as of total landless household

Debhata 191 53 63 293

Gaibandha 213 66 44 280

Hatiya 201 22 30 114

Shailkupa 211 38 24 169

Total 816 179 161 215

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-115

31 | P a g e

the reason for exclusion of significant number of landless household vis-agrave-vis inclusion of significant number of non-landless household in the list are two folds Analyses into these dimensions are presented below

Faulty and Inadequate Dissemination of Information about Distribution of Khas Land

People in general are not fully aware of the issue of khas land rural people especially the landless are least informed about availability and distribution of khas land rural poor thinks that since khas land is governmentrsquos land it is meant for those who are close to government ndash these are some of the major informational ndash environmental realities in Bangladesh That is why the official Land Reforms Action Program (LRAP) stated land the first phase should be among others ldquoto invite applications from the landless by wide publicityrdquo it is most likely that access to information regarding availability and distribution of khas land has been denied in the past which prompted the government to put on record ldquowide publicity rdquo as a responsibility of the ldquo upazilla committee rdquo All those mentioned above are the reasons for our investigating the issue about the sources of information regarding distribution of khas landOur investigation shows that oral publicity played the major role in disseminating information regarding khas land distribution program as 72 percent of the respondents reported that they came to know about the khas land distribution program through words-of-mouth ndash oral publicity (table 15) again only 32 percent of the total respondents mentioned that they came to know about this program also from the official sources It thus could be argued that so called ldquowide publicityrdquo did not take place as official advertisement was not adequate for disseminating information regarding the distribution program Official advertisement on the issue was almost non-existent in hatiya and in Shailkupa and on the low side in Gaibandha where one of four respondents have said for the source Debhata is an exception where 82 of the respondents came to know about this program from the official sourcesDistribution of respondents by their reporting about how they came to know that khas land would be distributed

32 | P a g e

Sources of Advertisement

Debhata Gaibandha

Hatiya Shailkupa All

Oral Publicity

380 660 940 880 715

Official sources

820 240 80 120 315

N 50 50 50 50 200

Source of knowledge about distribution of khas land

Information sources

Debhata

Gaibandha

Hatiya Shailkupa All

Govt officials 260 400 00 40 175UC authority 580 760 780 640 690Political leader party

20 00 240 140 100

Total Influential 140 00 00 140 70N 50 50 50 50 200

The foregoing analysis permits us to conclude inter alia the following

Although ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land

GoB Ministry of land circular No D11194 B S1787

33 | P a g e

Oral publicity through words of mouth is the major source where from most landless got the information about distribution of khas land

The local government ndash upazila council plays important role in disseminating the information about khas land distribution

In some areas local political leaders and influentials act as major sources to disseminate information about khas land

For the non landless people the local political leaders and influentials acted as major sources to disseminate information about khas land

There is an existence of correlation between getting informed from the official sources and being beneficiaries of khas land

The reason for incorporating many of the non-landless households and excluding many of the landless households in the list may be traced into another important factor of listing process ndash the relationship matrix of the respondents with those people responsible for listing of landlessWho were the persons entrusted with the responsibility of listing the landless before the distribution of khas land this a question directly related to the transparency of the whole process That is why we made in effort to understand this part of the process issue

34 | P a g e

Our exploration shows that 47 of the beneficiaries could not tell us anything about the identity of those who were responsible for the listing of landless it is most likely that this non-transparency is one of the major beneficiaries got khas land who were not poor (as per the prescribed criteria) and not entitled to have scare commodity ndash the khas landThe Government officials and UC authority were involved in the the process of listing of landless and the extent of their involvement varied sharply by sample areas In Gaibandha and Debhata the Government officials and UC authority were the principal actors involved in the listing activity In Hathiaya political leaders were the most prominent agents involved in listing process Unfortunately in Shailkupa all the respondents reported that they did not know anything about the persons anvolved in the listing process

People responsible for listing of landless

People responsible for listing

Debhata

Gaibandha

Hatiya Shailkupa

All

Govt officials 460 100 160 00 405

UC authority 620 100 400 00 505

Political leader party

00 00 920 00 230

Total Influential 60 00 40 00 25

35 | P a g e

Donrsquot know 420 00 460 100 470

N 50 50 50 50 200

In a society dictated by patriarchal norms and patron ndash client forms of relationship it was thought to be important to know the relationship between those who were responsible for the listing work and those who subsequently received the khas land The pattern of the nature and types of relationship that the respondents had with the persons responsible for listing of landless is presented in table 18 out of 200 respondents 106 could provide some answer to this question analysis of varied bonds and relationships presented in table 18 shows that political patronage immediate economic gains and social relation form the predominant part in the relation matrix relation in terms of getting relief was a crucial factor in this process

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Debhata

Gaibandha

Hatiya Shailkupa

All

Take loan when necessary

63 00 00 - 15

Share-cropping 63 20 20 - 30Belongs to same political party

375 00 80 - 121

Belongs to same social group

125 20 960 - 402

Helps in rural 438 80 40 - 152

36 | P a g e

disputeHelps in official work

31 60 320 - 152

Relative 281 00 20 - 76Get relief 311 940 120 - 477Govt official 625 980 60 - 545N 29 50 27 - 106

Among the landless categories belonging to same political party same social group helping in rural disputes helping in official work and relative were crucial factors in this process On the other hand the non ndash landless beneficiaries were in an upper- hand position compared to the people of category 2- the landless non- beneficiaries ndash in terms of almost all the crucial elements listed in the lsquorelationship matrixrsquo in table 19

Types of relationship of respondents with the persons responsible for listing of landless

Nature of relationships

Category-1Landless beneficiary

Category-2Landless non beneficiary

Category-3Non-landless Benificiary

Take loan when necessary

0 98 0

Share-cropping 0 55 0Belongs to same political party

107 40 97

37 | P a g e

Belongs to same social group

153 93 194

Helps in rural dispute

90 108 161

Helps in official work 48 39 0Relative 30 28 65Get relief 253 199 65Govt official 320 254 387Others 0 65 32N 60 60 32

The following can be concluded The whole listing work was not transparent in the sense

that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in processs The local influentialrsquos influenced much in the process The possibility of a landless to be in corporate in the list

depends much on hisher belonging to the samaj of the local influencials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc

The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

About 20 percent of the direct beneficiaries of khas land comprises of those who are not entitled to receive the same Although wide publicity has been the stated policy the government officials were

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-120

38 | P a g e

among the least active agents to disclose and disseminate the information about the availability and distribution of khas land Oral publicity through words-of-month is the major source where from most landless got the information about distribution of khas land The whole process of listing of landless was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process Moreover the local influentials influenced much in the listing process Majority mentioned that the application form is complicated and asking for many documents which is difficult to procure In order to receive a piece of Khas land on average each beneficiary has spend about 72 working days which is 24 times more than the officially required liberal estimate And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss Lack of office correspondence in terms of giving bribe and lack of correspondence with the local influentials played major roles in not being selected to get khas land Incomplete and inappropriate application was termed as major factor in being rejected to get enlisted Ignorance inaccess and non-availibility of appropriate information regarding submission of `appropriate and complete application might have played some critical roles This again registers a blow to the `fairness of the distribution programme Khas land distribution is mainly a post-liberation phenomenon Most of the land what has been distributed so far has taken place during 1981-1996 period The relative intensity of distribution was high during 1991-96 (56 in 7 years) followed by 198190 (36 in 10 years) The distribution of khas land was not much pronounced during 1997-99

The major cluster of reasons for which many of the landless were selected but could not finally receive Khas land are as follows potential beneficiaries lack of contact with government office non-congenial relationship with local influentialrsquos illegal occupancy of Khas land by others less availability of khas land and incomplete and inappropriate application

wwwwikipediaorgkhasland

39 | P a g e

Overall 47 percent have said that the distribution was equal and 53 percent have said that the distribution was unequal Corruption in the land office has played immense role in the unequal distribution of Khas land among the beneficiaries in Debhata and Shailkupa Both the government officials and public representatives were the principal actors in the delivery mechanism of khas land The local influentials are also important actors in the delivery mechanism

Procedure of distributionBengal Crown Estates Manual

The Crown Estates Manual otherwise known as Bengal Government Estates Manual 1932 replaced the erstwhile Government Estates manual of 1919 According to this manual the government estates are used to mean estates under the direct management of government whether these are the property of the government or are the estates of the private individuals brought under the direct management of governmentThe relevant information with regard to recording and disposal of Khas land are mentioned in sections 65 to 90 (total number of Sections 312) under the title ldquoInitial Settlementsrdquo in Chapter IV of the Manual The essence of the most relevant sections and in some instances the Section itself are credited below and the original section numbers are shown in the parentheses

Initial settlement of all khas lands in government estates is the duty of the Collector (Section 65)

Lands and holdings available for settlement should be entered in Register VIII As soon as a settlement has been completed the new tenancy must be at once entered in both copies of register I (Section 66)

Settlements of new chars must be taken up at the beginning of each cold weather and the khas mahal Officer should prepare a programme of work to be undertaken before the end of May (Section 67)

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-39

40 | P a g e

Attention should be given to the rules framed by the Revenue Department The prompt application of the provisions of that Act will prevent many criminal proceedings (Section 69)

Care should be taken to ensure the existing government estates which have been kept without demand on account of diluvoin are claimed as soon as they reform and the timely arrangements are made for their settlement ( Section 70)

All cases for settlement and resettlement must be entered in Register XII All leases for a period including non-occupancy raiyati leases must be noted in Register X (Section 72)

Collectors are empowered to confirm summary settlements in estates the revenue of which does not exceed Rs5000 Commissioners are empowered to confirm settlements of estates with a revenue not exceeding Rs 10000 (Section 73)

The first essential of every proceeding for settlement is accurate map (Section 74)

In char areas where part of the land being dealt with may be reformation of a previously diluviated mahal an up-to-date map must be prepared showing the lines of previous surveys in different inks (Section 76)

Land which is shown by the map to be reformation of property estates whether temporarily settled or permanently settled or reformation of holdings in government estates for which abatement of rent has not been taken is not available for immediate settlement When the land is part of a temporarily settled private estate though revenue was not assessed on it during the last resettlement proceedings settlement must in the first instance be offered to the proprietor On this recusance it may be managed khas for a period not exceeding 10 years (Section 78)

In char areas which are reformation ndashin-situ of diluviated mahals only those tenants who have not taken abatement of rent under section 86A of the Bengal Tenancy Act are entitled to be recognised as the tenants of the lands of their old

41 | P a g e

holdings which have reformed Plots which have reformed as accretions to plots still possessed by their old tenants are of course exceptions (Section 79)

Those tenants of the diluvied mahal who have taken abatement have no claim to settlement on reformation but as a matter of grace special rates of salami may be allowed to them (Section 80)

After preparation of the map settlement will be made of the areas available for settlement In all cases the collector must state the nature of the settlement made and the status of the tenancy created (Section 81)

Farming leases of Government estates have been discouraged by Government Therefore settlements should ordinarily be made with cultivating raiyats but when a bhadralok is willing to undergo agricultural training and is willing to farm the land himself he may be admitted to settlement as an ordinary cultivating raiyat on a non-occupancy raiyati kabuliyat for not more than 10 years His interest as such will be non-transferable and he can be ejected if he fails to fulfill the conditions of his lease Prior to continuance of the lease an investigation of the mode in which he has used the land must be made The area to be given to a bhadralok settler may be larger than that for an ordinary cultivator (Section 82)

The granting of lease to persons who though of the agricultural class are in service and therefore cannot labor on the fields themselves is to be definitely discouraged (Section 83)

In giving the raiyati settlement of unoccupied lands other than char in any village it should be remembered that if the person with whom settlement is made is already a settled-raiyat of the mauza he automatically acquires occupancy rights in the lands and his rights are fully defined in the Bengal Tenancy Act In such cases therefore no lease is really necessary (Section 84)

42 | P a g e

Except in the cases covered by rules relating to the recognition of encroachment the selected tenants should not be introduced in the lands till they have agreed to the rent When the tenants are introduced on the land the plots which have been settled with them will be demarcated free-of-charges (Section 85)

It is never advisable to settle out every area A few plots should always be kept in reserve (Section 86)

For the first settlement the salami should ordinarily be 4 to 10 times the annual rent proposed the rent should be at the rates prevailing in the neighborhood for land of the same fertility provided these be not un-reasonably high or low (Section 88)

Where the land is to be settled is char or deara land which on its first appearance is poor in quality but likely to become rapidly more valuable by the deposit of silt the settlement should be for a short period not more than 5 years or the rents made liable to progressive enhancement (Section 89)

LARPrsquo87 recognizing the need for preparation of mauza-wise list of land which can and cannot be settled suggested the following

Each Tehsildar will collect one mauza map for each mauza under his area ( section 18)

A description of all khas land is to be prepared according to the prescribed format after physical verification of all enlistments in the mauza map This will include a complete record of road railway river canal marsh pond etc Khas land given under temporary settlement will also come under this description Tehsildars must collect records of all khas land under respective mauzas through physical verification within the stipulated period decided by the Deputy Commissioner To facilitate timely completion of this work the Upazila Revenue Officer will prepare a calendar for each Tehsil in accordance with the number of mauzas for identification of khas land as per the above mentioned time frame Tehsilders will complete works for mauzas one by one according to the specified time frame by identifying all khas land and will submit report including a sketch map to the Revenue Officer ( section 19)

43 | P a g e

The NGOs will help in identifying khas land in possible areas by providing volunteers For this purpose they may employ students of college and university or the educated unemployed locally (section 20)

A team may be formed to work in each mauza comprising 45 youths after imparting a short-term training Each team will be accompanied by one regular Surveyor and Chairman (section 21)

The responsibility of providing required number of regular Kanungo Surveyor and Chairman in connection with the process of land recovery will rest on the Upazila Assistant Settlement Officer She will coordinate the work of the recovery of khas land on a priority basis along with hisher own programmes If necessary the Nirbahi Officer may engage the Surveyor and the Chairman from the Settlement Branch to the Management Branch on a full-time basis for a certain period by giving them the responsibility of identifying khas land (section 22)

The Deputy Commissioner will take departmental action against the tehsilder who would fail to complete the above-mentioned work without showing any responsible cause within the specified period or would provide wrong information about khas land ( section 23)

After receiving the above mentioned report the Upozila Revenue Officer will compare it with office records and will physically verify some sample cases If satisfied with the list he will separate all khas land mentioned in the list (section 24)

One of the formats will include description of land which can be settled immediately or can be settled by the order of the Deputy Commissioner Another format will include description of land under different government and semi-government agencies ( section 25)

A mauza-wise notice containing description of cultivable khas land is to be attached on notice board of the following offices and is to be submitted to the following persons MP Upozila Chairman concerned UP Chairman concerned Ward Member Upazila Parishad Officer Upazila Revenue Officer Police Station all Tehsil Officers concerned UP Office and the Office of the Sub-registrar The concerned UP Chairman will publicize the contents of the notice by Moholladers through beating

The Land Reforms Action Programme (LRAP) was put forward by the land Reforms Cell of the Ministry of Land through a circular on July 01 1987 The original document is in Bangla and thus the relevant parts have been translated

44 | P a g e

drums in market places places of public gathering in the concerned area (section 26)

Subject corresponding to land under different government semi-government directorate etc agencies is to be put forward to the deputy Commissioner countersigned by the Nirbahi Officer The Deputy Commissioner collecting information from the entire district will send it to the Ministry of Land for necessary action after every three months (section 27)

Objection may be registered regarding land to the Upazila Nirbahi Officer by paying necessary amount of court fee within 7 days of serving the notice The Nirbahi Officer will declare his decision within 30 working days of receiving the objection Within ten days of this decision appeal may be made in this regard to the Deputy Commissioner by paying court fee Within 45 working days after receiving the appeal the Deputy Commissioner will give the decision and this decision will be treated as final Both the Nirbahi Officer and the Deputy Commissioner will receive all these appeals after careful examination so that the progress of the action programme is not hampered due to insignificant reason Avoidable objections of this sort are to be rejected immediately (section 28)

Within 7 days of serving notice the Upazila Revenue Officer will file case for transferring all lands having no objection from the list of khas land of the mauza to part-2 from part-1 and will send to the Deputy Commissioner through the Nirbahi Officer The Deputy Commissioner will decide about the case ( section 30)

If records are not corrected within the specified time other land including cultivable land belonging to part-4 of the Register No VIII are also to be corrected in the same method Unless there is any reasonable ground this process of record correction is to be completed within 30 days of the survey of the concerned mauza The Deputy Commissioner will supervise the matter ( section 31)

If there is any illegal occupant on the free and resolved khas land than the Upazila Nirbahi Officer will file case to evict him

45 | P a g e

on an emergency basis and will take consent from the Deputy Commissioner in this regard The illegal occupant is to be evicted according to the law ( section 32)

Renewal of lease of those lands which are without any ownership right or claim and which have been or are being leased out on yearly basis will have to be stopped immediately and arrangement are to be made for permanent settlement according to this policy of khas land distribution

Upazila Revenue Officers will file cases to resume all this lands and will send to the Deputy Commissioner through the Nirbahi Officer for decision Upazila Revenue Officer will take necessary action to resume land according to Rule 92 of the State Acquisition and Tenancy Act whose owners are not available for a long period and which have not been brought under government management Programme for distribution of all these lands will be taken up after having consent from the Deputy Commissioner If necessary action will be taken to evict illegal occupants in this case also according to rule 32 (section 33)

A list of used and unused cultivable land under different government semi-government autonomous agencies is to be prepared according to the prescribed format and to be sent to the Ministry by the Deputy Commissioner by 30th Sravan Cultivable land by the side of road and railway will also be included in this list Further action will be taken by the Ministry after getting such information on district-wise basis and subsequent orders will be given with respect to settlement of these lands ( section 34)

The government hereby withdraws all prohibitions of settlement of khas land and decides to give settlement of khas land according to following regulationSettlement of arable land for agricultureArable khas land is to be settled to landless or semi-landless farmer this is to be done in such way that the total amount of land including the land owned by the family of allottee does not exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres of land with irrigation exceed the amount described in section lsquobrsquo and lsquocrsquo In this programme under the circular 15 acres without irrigation facilities will be considered equal to 20 acres without irrigation facilities

46 | P a g e

If 20 or more acres of land is available in one block it is to be settled to the members of the landless farmer co-operative societies Highest ceiling of 20 acres with irrigation facilities and 25 acres without irrigation facilities of each member In case of alluvion area river crosion are to be given preference For individual farmers outside the farmersrsquo cooperative societies the highest ceiling of allotment of khas land will be 15 acres in irrigable area and 20 acres in non-irrigable area

In case of the members of the cooperative societies if need arises for their housing separate allotment can be made to each member not exceeding 5 kathhas together in one definite block In the case it can be planned to allot proper amount of land for Mosque place of worship cemetery crematorium and educational institutions The claim of the claimants under amended Section No 86 of State Acquisition and Tenancy Act may be considered

In case of settlements mentioned above a deposit of taka 500 (five hundred) as salami per acre has been fixed which will be realized in 5 annual equall installment The first installment is to be paid gradually within one year after the settlement and other installment are to be paid gradually once every year The land settled to them except what they received from inheritance cannot be transferred within 15 years such transfer will be considered as prohibited

If a land allotted for agricultural purpose is used for any other purpose it will be confiscatedApplication for settlement will be received by the Upazila Revenue Officer concerned Land will not be settled to sondaughter if the parents own land Settlement of khas land outside of municipal area for non-agricultural purpose

Non-agricultural khas land for the use of residential commercial industrial and other purpose settlement will be given with a maximum ceiling of 10 kathhas for residential purpose and according to the need for the other purpose Upazila Revenue Officer will receive the applications investigate the qualification of the applicant fix the amount of salami according to the GE Manual and then forward it to Deputy Commissioner for his approval The total amount of salami is to be paid before receiving the document and before getting procession of the landFor tea garden rubber garden horticulture and poultry dairy fishery and for such other purposes government principles will be

47 | P a g e

promulgated separately regarding the settlement of khas land low-lying follow land

In February 1987 an important Directive was issued by the Ministry of Land Administration and Land Reforms (signed by the Secretary) delineating the methods of distribution of khas agricultural land among the landless people This directive referred to the earlier Memo of 1986 and gave some important guidelines to implement the settlement issues of khas agricultural land among to the Section 1 of 1986 memo include formation of committees need for wide publicity and accountability through regular information flow to the Ministry from the grass root level

The methods of distribution of khas agricultural land among the landless

The role and procedure for settlement of khas land under the order are mentioned below-The following directives and guidelines have been issued to implement government policy of khas land distribution and to ensure settlement of land to real landless near-landless and destituteThe landless dependent on agricultural and in some cases destitute will be treated landless The landless near-landless Freedom Fighters families of martyred freedom fighters disable Freedom Fighters and families of landless due to river erosion will be given priority to government khas land distribution

Immediately physical survey the Upazila Revenue Officer and Additional deputy commissioner (revenue) will be responsible for overall supervision of the survey at Upazila and District levelsThe Upazila Revenue Officer will invite Mauza-wise applications for settlement of Government khas land from landless and near-landless peasants The notice for the application should be placed in various Government offices educational institutions and other public places Besides other means of rural oriented publicity should also be adopted A two-month period should be allotted to submit the applicationA committee comprising of Govt officials and public representatives should be formed to consider individual application It is also responsible for making recommendations and comprises the following members

ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo

48 | P a g e

1 Upazila Agricultural Officer2 Upazila Revenue Officer 3 Upazila Co-operative Officer4 Chairman Local Union Parishad5 Member concerned Ward of Union Parishad

The above Committee may co-opt members from the following categoriesInhabitant of concerned Union Parishad known for honesty principle and welfare oriented activity 2 personsRepresentative of recognized local peasantsrsquo Co-operatives (if there is any) 1 personRepresentative of recognized local destitute Co-operative (if there is any) 1 person

Representative of recognized local womenrsquos Co-operatives (if there is any) 1 personThe Upazila Revenue Officer will act as Coordinator of the committee

The khas land distribution committee after wide publicity will pay visit to the area of an applicant In front of local people they will ask the applicant questions relating to his application and by this they will ascertain if the applicant is worthy of Govt khas land If the committee is satisfied it will recommend for allocation of land Otherwise they will recommend for cancellation of the applicationWith regard to landless Co-operatives the committee will verify the genuinely of the Co-operative and its memberrsquos status as landlessUpon recommendations of the committee the Upazila Nirbahi Officer will forward the genuine applications with the recommendations to concerned Deputy Commissioner for awarding of the settlementFor efficient and proper distribution of khas land among rural landless and near-landless the concerned Deputy Commissioner will remain in Charge of overall responsibilityThe divisional Commissioners will supervise the implementation of the programmeBy 10th day of each month the Deputy Commissioners will inform the Secretary of the Ministry about the progress of the previous month in prescribed form enclosed herewith

Retention of khas land

49 | P a g e

Most respondents possessed the deed of khas land But regarding the question of status of possession over khas land and control over crops of khas land the situation is alarming A significant proportion did not have complete (full) control over khas land (by complete control we mean complete control over deed land and crop of khas land) On average only 463 percent did have complete retention over khas land The situation of complete retention is relatively better in Hatiya (82 percent) and totally disgusting in Gaibandha (0 percent) The remaining 537 percent did have either partial or complete non-retention over khas land On average 5 percent did have dejure complete non-retention (no control over deed land and crop) 258 percent did have de facto complete non-retention over khas land (only had deed but absolutely no control over land and crop) It thus follows that 308 percent of the respondents fall in to the complete non-retention (dejure + de facto) category In other words one in three landless poor beneficiaries were not able to retain even the minimum possible benefit of khas land distributed to them

About one-fourth did have partial retention over khas land but with different degrees A 5 percent did have partial retention to a high degree (not having deed but having full control over both the land and the crop) A very few did have partial retention to a moderate degree (full control over land but partial control over crop) Again 154 percent did have partial retention to a low degree (partial control over both land and crop) Furthermore the remaining 27 percent of the respondents did have partial retention to a lowest degree (having full or partial control over land but partial control over crop)

In spite of distribution of khas land among the landless peasants a significant number of khas land receivers could not establish and retain their right over khas land for various reasons The rate of full (complete) retention of 463 percent raises the very question about the efficiency and effectiveness of the whole programme within the existing framework of the politico-economic structure of Bangladesh

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-131

50 | P a g e

The high extent of partial retention (to different degree) and complete non-retention (both de jure and de-facto) are determined by various factors again some of which are inherent to the structure Interestingly the period 1991-1994 is the time period which corresponds to the high distribution and high non-retention of khas land

The size of the trap of illegal occupancy of khas land in terms of non-effective retention of the same by the landless is huge about 52 percent of the beneficiaries are victims of such trap The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The intruders (engulfers) use all means of deceptions to occupy the khas land illegally - false documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Filing of case against the illegal occupants and holding discussion with the local officials have been done by many but outcomes are frustrating without positive results Many people affected by the illegal occupants did not visit the government officials

Involvement of the affected people with the stream of pro-people (poor) sociopolitical movement is insignificant On the other hand the pattern of involvement of various civil society institutions varied by sample areas But in order to establish poor peoples right on the khas land not many people seek assistance of the civil society organizations and involvement of various types of organizations varies by geographic locations Some people sought assistance from the civil society mainly during the distribution (not during the listing work) of khas land and in the process of disturbances created by the illegal occupants in case of problems faced in taking possession of the khas land or during the harvesting

Most recipients of khas land possess the deed of khas land however the situation in terms of possession over khas land and control over crops is alarming A significant proportion did not have

httpwwwedocfindkhaslandabulbarakat

51 | P a g e

complete (full) control over khas land (by complete control means complete control over deed land and crop of khas land) The 537 non-retention rate raises legitimate question about the efficiency and effectiveness of the whole programme within the existing criminalized politico-economic structure of Bangladesh

The following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

Non-retention of khas land

The case studies permit us to conclude that among others following constitute the majorelements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich

legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures

The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action Organized struggle generates success Case of

BarakatZaman amp RaihanPolitical economy of Khas land in Bangladesh Page-142

52 | P a g e

Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement

The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasantsThe peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass

The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle

Present situation of khas land in BangladeshAlthough ldquowide publicityrdquo has been the stated policy the government officials were among the least active agents to disseminate the information about the availability and distribution of khas land Oral publicity through words-of-mouth is the major source where from most landless got the information about distribution of

53 | P a g e

khas land The local government ndash Upazila Council plays important role in disseminating the information about khas land distribution For the non-landless people the local political leaders and influentials acted as major source(s) to disseminate information about khas land The whole listing work was not transparent in the sense that many people were not at all aware of the process The listing work indicates adhocism The landless themselves were not involved in the process The local influentials influenced much in the process The possibility of a landless to be incorporated in the list depends much on hisher belonging to the Samaj of the local influentials belonging to the same political party relationships of dependence for immediate short term gains (relief) from the lister relationship with government officials etc The non-landless people get listed by utilizing vested interest relations with the listers which included belonging to the same political party belonging to the same social group relationship with government officials

The official list of landless for khas land distribution is imperfect and biased in favour of the non-eligible people to a large extent Inappropriate listing process permits many of the landless households to be excluded from the list whereas a considerable number of non-landless households to be incorporated in the list

To serve the interests of the vested interest group and to keep real landless unaware the information regarding distribution of khas land is not disseminated properly With the help of this unfair listing process a significant number of non-landless households got listed and finally received khas land

If this vested interest group could be eliminated from khas land distribution mechanism all the genuine landless could be incorporated in the list and the proportion of khas land receivers among landless people would rise to a large extent

54 | P a g e

Procedural complications and administrative barriers in getting allotment of Khas Land

Over 75 percent of the landless respondents mentioned the following pertaining to the application format and relevant assistance received in filling-in the format

(a) the application form is complicated and asking for many documents whichis difficult to procure(b) why asking for so many things from us when everybody know that we arelandless or extreme poor(c) we had to contact many people to help us in filling-in the application formSome of the factors that influenced the selection process of the landless are clearly discriminatory such as lack of office correspondence in terms of giving bribe lack of correspondence with the local influentials played some significant part in not being selected to get khas land Without bribing the land officials it is difficult to get enlisted as landless to get khas land Incomplete and inappropriatersquo application was termed as major factor in being rejected to get enlisted Ignorance and inaccess and nonavailability of appropriate information regarding submission of `appropriate and completersquo application have played critical roles This again registers a blow to the `fairnessrsquo of the distribution programme Some of the respondents ndash especially the non-landless beneficiaries ndash responded by saying that there was less availability of khas land

On average each landless beneficiary has spend about 24 working days (assuming 8 hrs a day) which is 8 times more than the officially required liberal estimate Most importantly the estimated 24 working days is in reality can be equivalent to 48 to 72 working

55 | P a g e

days or even more This is due to the reason that loss of 2 or 3 hours a day for a landless might entail a loss of a full day on account of wage loss Thus compared to the officially required time to be devoted by a beneficiary to receive a piece of khas land the beneficiary is bound to spend 16-24 times more time for the purpose And there is none to see the misery and deprivation of the poor beneficiaries and there is no system to compensate for the wage loss

On the other hand the landless non-beneficiaries some of whom were selected to get khas land but could not finally receive khas land also had to incur loss of significant amount of time when they found themselves rejected and consequently tried to locate the reasons by communicating with the relevant authorities believing that there might be some positive outcome of such attempts On average each landless non-beneficiary had to spend 18 working days It may seem to be very illogical spending such huge amount of time by those landless people as many of them reported that such attempts were ultimately futile but given the socioeconomic structure in rural Bangladesh where land is a scarce resource and there is the existence of hunger for land among the indigent landless people such findings are not hyperbolic

The major cluster of reasons attributable to ldquonot getting of khas land althoughSelectedrdquo are as followsi Potential beneficiariesrsquo lack of contact with government officeii Non-congenial relationship with local influentialrsquosiii Illegal occupancy of khas land by others (of course by the non-poor) and at the same time ldquoless availability of khas landrdquo (availability for the poor will be less to the extent the amount is illegally occupied by the rich)iv ldquoIncomplete and inappropriate applicationrdquo

56 | P a g e

In general majority of the respondents (both landless beneficiary and non-landless beneficiary) reported that the distribution was not equal In general the two most important reasons reported by the beneficiaries who explain the situation include less availability of khas land and corruption in the land office Both the government officials and public representatives were the principal actors in the delivery mechanism The local influentials are also important actors in the delivery mechanism

Within the landless categories (beneficiaries and non-beneficiaries) belonging to the same political party and belonging to the same social group or samaj as the distributors do appear to be very much decisive in gettingnot getting khas land On the other hand the non-landless beneficiaries reported that they had at best official relationships with the distributors which in fact not a reflection of the truth The non-landless beneficiaries must have had some vested interest relations with those distributors which permitted them getting khas land

Illegal occupation and undue utilization of khas land is banned in Bangladesh It was already in 1975 and 1976 that strong memos were circulated on this account from the Ministry of Land Administration and Land Reform Some of the relevant recent laws and enactments pertaining to the banning of illegal occupation of khas land use of khas land for construction of institutions in the urban and municipality areas are presented below Eviction of trespassers from government khas land

The undersigned is directed to say that widespread trespasses that are being committed on Government khas lands both agricultural land non-agricultural all over the country have been viewed with grave concern by government and it has been decided that all trespasser and unauthorized occupants should be evicted He is therefore requested to take immediate steps for eviction of trespassers and unauthorized occupants from all Government khas lands-agricultural or non-agricultural including abandoned lands- and to ensure that nobody can keep any khas land unauthorized occupation

57 | P a g e

Corruptions regarding khas land

Corruption in khas land distribution

A landless selected to get khas land is liable to pay only Tk 1 per acre as salami (government fees) However almost all the agents involved in the distribution mechanism take bribe Tehsildar appears to be very much active in taking bribes followed by Chairman of Union Parishad and a group of people consisting of local touts and land officials About Tk7000 to Tk10000 is required to pay as bribes in order to get 1 acre of khas land Not only bribes in terms of money but also a wide range of political and social patronages work in the whole distribution chain

The rampant corruption indicated through the presence of bribes at various stages of distribution of khas land is attributable to various reasons Lack of transparency weak (mis) governance (emanated from lack on accountability) poor peoples ignorance weak civil society weak peasants movementIllegal occupancy of khas land

The size of the trap of illegal occupancy of khas land is huge The strength of the trap is deeply ingrained into the politico-economic structure of our society - where dominance of the rich and local influentials inconnivance with the land officials over the poor and landless is a reality beyond any doubt The land grabbers use all means of deceptions to occupy the khas land illegally - false deeds and documents use coercive power illegally occupy the khas land long before the distribution of the same etc

Memo No21(18)-V-21374-LSdtd10175

58 | P a g e

Critical analysis Khas land is a curse because it has created many new problem dimensions for the poor and landless including stress and strain in the relationships with the local influentials samaj and officials It has overburdened the poor with various kinds and types of load which they are not ready (prepared) to carry -- talk to the officials (public servants) bargain (individually and collectively) for their legal rights struggle for establishing human right to land and other public resources go beyond samaj to establish a right cause organize protest for the landless community etc The poor and landless beneficiaries of khas land are neither well informed nor well organized but the people representing the delivery mechanism (government politicians local tauts and influentials) are closely tied with each other to materialize their vested interests Moreover the process of adverse inclusion is in operation in the contexts of free market economy widespread corrupt practices and patriarchal norms the poor-landless people face a problematic search for security and they are forced to do many things for immediate gains (for example try to comply with and even strengthen patron-client relationships with the local influentials and land officials for a piece of khas land) while postponing the long term right issues (for example all khas land belongs to landless-poor and should be distributed to them within say next 5 years) Thus under the condition of high scarcity of resources (eg khas land) combined with market forces corruption and patriarchal norms and bondages the poor themselves are caught into the trap of extensive rent-seeking behaviour which is a condition for achieving immediate practical needs such as the khas land From these standpoint the whole system of distribution of khas land in which poor are just `objects - the khas land is a curse to the poor

wwwthedailystarcomnewssummaries

59 | P a g e

Khas land is a blessing due to the fact that even within the present socio-political context about 50 percent of the beneficiaries have reported improvements in their social and economic status after getting the khas land

The case studies permit us to conclude that among others following constitute the major elements in the process and mechanism of non-retention and dispossession of khas land illegal occupants are powerful illegal occupants have strong linkages with the local power structure law favours the rich legal complications themselves are illegal official cooperation is superficial trouble maker officials and UP members are capable enough to shift their responsibilities to others illegal occupants use various forms of trap - credit divide and rule muscle false documents and other deceptive measures The interaction of each of the institutional agents - the state market local government and local influentials - with the khas land holder is problematic and reflects a form of regime which has particular implications for policy and strategy at different levels and scales of action

Organized struggle generates success Case of Samata and Ranisankail Landless peasants can be astonishingly successful in their fight for land right if they are united have solidarity and participate in united movement The peasants become successful if they are alert against any conspiracy of the influentials who are restless in persuading all means and ways to break the unity of the peasants The peasants succeed when they are ready and prepared to fight from the grassroots level up to the Court level The peasants succeed when they involve the progressive political parties social organizations students organizations and NGOs whose real mission coincides with those of the deprived mass The peasants succeed when the leaders are counted by the administrators and policy makers of the upper hierarchy

60 | P a g e

The success depends much on the advocacy work of the civil society organizations who are involved in peasants movement andor poor peoples land right movement The success expedites with the publicity in the national and local newspapers which create awareness among the people about their just struggle The main concerns are

1 The article to sell Khas land (declared in 8 March 1995) under the Non-agricultural Khas Land Management and Settlement Policy should be repealed

2 All char land (diluvium and alluvial) shall be declared Khas Diara survey should be completed within shortest possible time and those land should be distributed to the poor3 Land survey shall be done by trained and skilled permanent manpower and not by unskilled and untrained temporary staff4 The law of sharecropping shall be implemented in its totality5 For agricultural workers including the day laborers the minimum wage rate shall be fixed without gender discrimination and the policy shall be implemented6 The Abandoned Property Act should be revisited to uphold citizens property right7 Land litigation procedures shall be eased to avoid longing litigation and pauperization of litigated parties8 To avoid the substantive basis for fictitious recording dual ownership and multiplicity of record of rights by different offices under two un-coordinated ministries (Land Law) a unitary system of Certificate of Land Ownership (CLO) shall be instituted Under this reform the three Land offices namely the Tehsil office Sub-registers office and Settlement office shall be merged under one ministry9 The government should establish a Land Bank This land bank shall have computerized database containing detailed information about the following records on khas land and water bodies by types

61 | P a g e

locations distribution status disputes and conflicts account of all vested land by types location lease status and other variables Data on illegal takeover of indigenous peoples land by force fraud and manipulation as well as subsequent disputes and conflicts The information should be suitably classified and organized so that it can be retrieved quickly in forms suitable for specific purposes10 To maximize rational utilization of land and eradicate poverty a National Land Utilization Policy needs to be developed The implementation of the above suggestions and recommendations is no doubt a challenging task requiring highest level of political will and commitment

In order to materialize the proposed suggestions and recommendations the following preconditions for the creation of an enabling environment should be fulfilled1 The government should acknowledge that there exists a vested group who amassed their fortune by grabbing land and waterbodies - khas vested property abandoned indigenous peoples land and other resources This vested interest group stand in the way of poor peoples access to land2 The government should recognize that a large number of land grabbers always belong to the present party in -Dower3 The government should realize that the mass poverty and marginalization could be brought down to a minimum level if the landless are distributed with khas land poor fishers with waterbodies religious minorities and indigenous people own their own land and supported with asset building efforts for sustainable livelihood4 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the poor and deprived peoples access to land and water

5 Each and every political party should clearly clarify their positions in their party manifesto about the whole range of issues pet Mining to the poor peoples access to land and waterbodies

62 | P a g e

6 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against corrupt practices and inefficiencies of the government in ensuring poor peoples legal and justiciable rights over land and waterbodies

7 The focal and sub-district level civil society organizations should raise their voice for afree and fair distribution of relevant land and waterbodies to the poor

Suggestions Based on the analysis of the whole situation and discussions with many relevant persons the following suggestions are presented for considerations 1 All khas land - agricultural nonagricultural and water bodies - should be identified immediately 2 Information pertaining to the problems of identification of khas land should be published in the daily Bangla Newspapers telecasted broadcasted and the same should be disseminated up to the grassroots level 3 Mis-classification of khas land should be stopped eg transformation of paddy fields into waterbodies for shrimp cultivation in the coastal areas4 All khas land distributed and distributable should be recovered from the illegal Occupants as soon as possible 5 The committee for the identification of khas land should be reorganized The Representatives of peasants organization khet-mojur (agricultural labour) Political parties NGOs social organization school teachers should be included in the committees at all levels 6 Measures should be taken to minimize the influence of the local

63 | P a g e

influentials and officials in the committee who exercise corrupt practice 7 Khas Land Management Committee at the national level and a Khas land Management and Distribution Committee at the district level with strong presence of peasants and landless representatives are needed The District Committee should be empowered to investigate the disputes over khas land and give decision about ownership In addition this committee will report to the Land Ministry of any misdeeds committed by any government officials regarding khas land 8 The participation of the poor and their formal and informal institutionsorganizations in the process of identification selection distribution and utilization of khas land should be maximized 9 The khas land distribution application form is a complicated one which is difficult to fill-up even by an educated person The form should be made easy and written in simple language

10 Mechanisms need to be devised to ensure effective retention of khas agricultural land by the landless poor which have already been distributed 11 Legal support system needs to be institutionalized which will ensure speedy resolution of problems of possession on land and control over crops NGO and other professional bodies support to provide legal aid to the affected landless should be strengthened 12 Support system needs to be instituted to provide relevant productive assets (cattle plough irrigation machineries and equipments) and recurrent inputs (seed fertilizer water pesticide etc) to the poor as and when needed without fail As part of the support mechanism credit system for the poor and assistance in marketing of the outputs produced in the khas land should be instituted 13 Provide price-support system so that poor-landless owner of khas land do not fall into the trap of free market and forced to go for distress sale of assets

64 | P a g e

14 Distribute all agricultural khas land (identified 803308 acres) to the poor and landless immediately This should form the real corner stone of our national poverty eradication agenda 15 All information relating to the distribution of agricultural khas land should be published in the daily Bangla Newspapers telecasted and broadcasted and be disseminated upto grassroots level 16 Organize cooperative farming in all possible situations eg if relatively large compact area is available or even if such compact area is not available - organize cooperative for input credit marketing and other productive purposes 17 Distribute available non-agricultural khas land for uplifting the livelihood of the urban poor and forest community (including the indigenous people where applicable) 18 Proactively pursue distribution of khas water-bodies to uplift the life of the fishermen and other professional communities 19 The peasants should be prepared to fight both at the field level to face the opponents physically and at the same time at the level of local Tehsil office AC Land TNO Police station and ultimately at the level of the Court for their just cause 20 Advocacy work of the civil society organizations who are involved in peasant movement andor poor peoples land right movement should be strengthened 21 Success stories about peasants land right movements should be published and disseminated widely 22 Intensive and continuous monitoring system should be developed to ensure transparency and efficiency of the land officials 23 A watch-dog mechanism (eg citizens committee) needs to be developed to follow-up the post-distribution situation 24 Diara survey of the alluvial and accreted land should be completed within shortest possible time 25 Training should be imparted to those who are responsible for identification management and distribution of khas land 26 Land-related laws should be upgraded to speed-up the distribution process which take unusually long time due to

65 | P a g e

bureaucratic procrastination 27 Security of the land officials should be ensured during conduction of the survey and distribution of khas land 28 Along with the governments survey independent committee comprising the representatives of landless peasants peasants organization political parties NGOs should be set up to identify the landless and khas land 29 Orientation training should be organized for the landless people to impart them with the knowledge about the necessary land-related laws 30 Organizing a pressure group comprising of local landless and conscious citizens is needed to launch a movement against grabbing of lands by the local influentials 31 The process of computerization of land records should be speeded-up to stop the forging of deeds and other land-related documents 32 An effective Land Policy needs to be developed 33 The civil law should be upgraded and made understandable to the commoners

34 All-out efforts should be made to expand the housing arrangements for the poor on khas land 35 All cases launched by the local influentials against the landless peasants should be withdrawn 36 A Khas Land Bank should be set-up to preserve all types of records on khas land by types locations distribution status status of dispute resolution and so on The implementation of the above suggestions and recommendations is no doubt a challenging task In order to materialize the proposed suggestions and recommendations the following preconditions should be fulfilled

1 The government should acknowledge that there exists a vested

66 | P a g e

group who amassed their fortune by grabbing khas land This vested interest group stand in the way of a relatively fair distribution of khas land 2 The government should recognize that a large number of illegal occupants of khas land always belong to the `present party in power (PPP) 3 The land recording system is out-dated and land officials are inefficient and corrupt The age-old system should be changed which will ensure transparency to an acceptable extent 4 The government should realize that the poverty level in the rural area could be brought down to a minimum level if the landlesspeasants are distributed with khas land 5 A special session of the Parliament should be devoted to discuss the whole range of issues pertaining to the identification distribution and retention of khas land 6 The thana level courts should be upgraded to the extent so as to khas land related law-suit could be solved at that level 7 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land

8 All the peasants organizations should be united on the question of poor peoples right over khas land and launch movement against government officials corrupt practices and inefficiencies of the government regarding khas land 9 The local and thana level social organizations NGOs student fronts of the political parties should raise their voice for a free and fair distribution of khas land peasants community political parties social organizations NGOs agriculturistland officials and concerned citizens to follow-up the post-distribution situation ofthe beneficiary7 The thana level courts should be upgraded to the extent so as to khas landrelated law-suit could be solved at that level

67 | P a g e

8 The landless and marginal farmers should be organized against the malpractices and misuse of khas land by the power agents9 Each and every political party should clearly clarify their positions in their election manifesto about the whole range of issues pertaining to the khas land10 All the peasantsrsquo organizations should be united on the question of poor peoplersquos right over khas land and launch movement against government officialsrsquo corrupt practices and inefficiencies of the government regarding khas land11 The local and thana level social organizations NGOs student fronts of thepolitical parties should raise their voice for a free and fair distribution of khas land

Conclusion

Land is the most scarce of all resources Competition for land was always acute Land in many respects forms the basis of our power structure The acquision and distribution of khas land have been included as important part of the Land Reform Policies of the Government of Bangladesh Land related laws are complex both in terms of language and contents The network of vested parasitic group comprising of local influentialrsquos have emerged as a great threat to proper distribution of khas land The distributions of khas land should be maintained principal pathway to benefit the poor landless marginalized and destituted peasants to improve their livings

68 | P a g e

through their hardworks and moreover for the betterment of the country

  • ldquoReference No 8-468424(64) signed dtd 611986 by the Secretary Ministry of Land Administration and Reforms Government of the Peoplersquos Republic of Bangladeshrdquo
Page 20: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 21: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 22: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 23: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 24: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 25: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 26: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 27: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 28: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 29: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 30: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 31: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 32: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 33: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 34: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 35: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 36: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 37: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 38: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 39: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 40: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 41: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 42: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 43: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 44: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 45: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 46: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 47: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 48: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 49: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 50: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 51: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 52: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 53: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 54: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 55: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 56: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 57: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 58: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 59: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 60: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 61: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 62: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 63: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 64: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 65: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 66: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 67: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range
Page 68: laddu36.weebly.com · Web viewAbout Tk.7,000 to Tk.10,000 is required to pay as bribes in order to get 1 acre of khas land. Not only bribes in terms of money but also a wide range