মঙ্গলবার, ২৭ ডিসেম্বর, ২০১১

The Law of Registration in Bangladesh


۩  Introduction:-
The Law of Registration deals with the Registration procedure of document of transfer of property and which documents are compulsory and optional document for registration in the eye of law.

The preventing land disputes, there is no alternative of law of registration. In the prevention of land disputes law of registration is must necessary and with the following laws:

ü     Law of Contract:
ü     Law of Specific Relief:
ü     Law of Evidence:
ü     Law of Transfer of Property etc:
ü     Law of Land etc.

So, the above related laws must know and it is the well known matter that, the law of registration and land disputes is very close related. Without law of registration, the land disputes are increase day by day. So, the significance of law of registration is beggar’s description.

۩  Law of Registration:-
Generally Registration is process of documentation to be recorded in any office either public or private. But in case of registration of deed or document of immovable property, law of registration is refers to a process under which any transfer of immovable property, Specially land is recorded in the Govt. office and it includes necessary rules related thereto.

۩  Importance/Significance of Law of Registration:-

In the way of transfer of property, we can transfer title and interest to any other person. But such transfer may be oral or documentary.

In case of oral transfer, it is very difficult to prove actual contents in a transaction or transfer after expiry of several years. To prevent such difficulties, transfer needs to be documented in due process of execution and attested. After such formalities, the transfer should be informed to the Govt. authority.

In the above sense, we can find the following objectives of registration:

ü     Publicity about the transfer:
ü     Preventing about the fraud or any kind of fraudulent changes in the transfer:
ü     To inform the Govt. for taking future legal actions:
ü     To ensure evidence as to transfer of title:
ü     To collect Govt. revenue etc.



۩  Relation between Law of Registration and Law of Evidence and other laws:-

The relation between law of Registration and law of Evidence is the documentary value that is the following sections of Evidence Act 1872:

  • Sections-61-100 of the Evidence Act,1872:

Besides the above Act there is the relation between the following laws:
ü     Law of Stamp;
ü     Fiscal Law;
ü     Criminal Law etc.


Transfer of Land and Law of Registration:-


 The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, this Act came or comes into force, namely:-

ü     instruments of gift of immoveable property
ü      declaration of heba under the Muslim Personal Law (Shariat);
ü      other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent,to or in immoveable property
 
Explanation − In the case of an assignment of a mortgage the consideration for the deed of assignment shall be deemed to be the value for registration.
.
ü      Non-testamentary instruments (other than the acknowledge-ment of a receipt or payment made in respect of any transaction to which an instrument registered under clause (o) relates) which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

ü     instrument of mortgage referred to in section 59 of the Transfer of Property Act, 1882;]

ü     leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

ü      non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immoveable property;

ü      instrument of partition of immovable property effected by persons upon inheritance according to their respective personal laws;

ü     instrument of sale in pursuance of an order of the Court under section 96 of the State Acquisition and Tenancy Act, 1950]
:
Provided that the Government may, by order published in the official Gazette, exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty taka.

ü      Nothing in clauses (b) and (c) of sub-section (1) applies to-

ü      any composition deed;
ü      any instrument relating to shares in a Joint Stock Company, notwithstanding that the assets of such Company consist in whole or in part of immoveable property;
ü       any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immoveable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immoveable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures;
ü     any endorsement upon or transfer of any debenture issued by any such Company;
ü       any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest  to or in immoveable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest;


ü      any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immoveable property other than that which is the subject-matter of the suit or proceeding;
ü       any grant of immoveable property by the Government;
ü      any instrument of partition made by a Revenue-officer;
ü       any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883;
ü      any order granting a loan under the Agriculturists' Loans Act, 1884, the Bangladesh Krishi Bank Order, 1973 or under any other law for the time being in force relating to the advancement of loans for agricultural purposes, or any instrument under which a loan is granted by a co-operative society for any such purpose, or any instrument made for securing the repayment of a loan so granted;
ü       any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage;
ü      any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-officer;
ü     any counter-part of a lease, where the lease corresponding thereto has itself been registered
ü      Authorities to adopt a son, executed after the first day of January 1872, and not conferred by a will, shall also be registered.




  

۩  Law of Registration in Bangladesh:-


Land Administration at National Level


ü     DIRECTORATE OF LAND RECORDS AND SURVEYS (DLRS)

ü     LAND APPEALS BOARD (LAB)

ü      LAND REFORMS BOARD (LRB)
             
ü     REGISTRATION DEPARTMENT

ü     DIRECTOR OF LAND RECORDS

ü     DIRECTOR OF SURVEYS

ü     MINISTRY OF LAND (ML)

ü     MINISTRY OF LAW, JUSTICE & PARLIAMENTARY AFFAIRS (MLJPA)

Many real estate developing companies and individuals are not allegedly following the land use pattern of the RAJUK formulated Master Plan 1995 for constructing structures in Dhaka city. The civic amenities are lacking due to haphazard construction of buildings in the city. This is a long felt complaint of the citizens.

RAJUK took an initiative to amend the Master Plan of 1995, as the rules were not enough to address the problems faced by both developers and buyers of the ready flats. After a long revision of the master plan, RAJUK formulated a Detail Area Plan with the help of some local consultants. The capital development agency has already advised the developers and individuals to follow the Floor Area Ratio (FAR) since January 2007 to avoid haphazard building construction.

RAJUK said if it can implement the FAR rules strictly free movement of transport and protection of environment can be ensured as the developers have to leave space properly around the structures under the rules. It is widely alleged that many structures have already been constructed without leaving adequate space for roads and streets for the pedestrians. There are widespread complaints about land registration too. The country is reeling under substandard land use plan and faulty registration system.

Although there had been much of rhetoric on rules and regulations for land use in public welfare in the past across the country, nothing has materialised for unknown reasons. There had been much talks on equity distribution of khas land, increasing land productivity, implementation of settlement act, acquisition of ceiling excess land, recovering absentee ownership land, modernisation of land administration, improving land management but in reality nothing has happened. Although some spot works have been done under government projects here and there, that has no visible impact on development in national life. Rather some new rules and regulations have caused further complications.

A high-powered government taskforce suggested digitisation of the country's entire land records and turning district administration offices into monitoring bodies from its present role of service provider to ensure transparency and reduce corruption. It was found that the entire reform is possible with the present strength of the government and using local resources without having to take foreign consultancy. The government can modernise the land records, management and registration system using its own resources. Plus, it will create huge job opportunities and in the end it will reduce land related problems and increase government revenues.

The taskforce suggested that the entire activities of land purchase and registration should be done by the Directorate of Land Records and Surveys and registration department while the Assistant Commissioner (AC) of land should act as a monitor rather than a service provider. Right now there are six government agencies including the Directorate of Land Records and Surveys, Registration Department, District Administration, Divisional Commissioner, Quasi-judicial and Judicial systems dealing with land affairs. Most of the existing land survey records in land offices, including the Cadastral Survey (CS), conducted in 1890-1940, and Revisional Settlement (RS), conducted in 1969-83, are in printed form, but they have worn out and are easy to forge. The land survey documents should be digitised immediately to provide prompt service as well as keep records updated.

The taskforce said in their report that the present land management system has been causing not only economic losses but social unrest, corruption and chaos in family life. Land disputes are the main reason for no less than 70 to 80 percent civil and criminal cases. At present about 3.2 million land dispute cases are pending with courts.

Though unbelievable, it's a fact that 150 million people are accused in land-related cases when the country's population is a crore less than that! The wonder has its roots in the plaintiffs' habit of accusing the same people over and over again in as many cases as possible. The taskforce said the modernised system will up land revenue mainly by updating land categories. Many areas were recorded by the RS as agricultural or residential areas and those areas were turned into residential or commercial areas but remained agricultural areas on paper. The difference in terms of tax is immense. The rate for agricultural land development is Tk 1.0 per decimal, it is Tk 22 for residential plots and Tk 125 for commercial ones.

The Land Registration (Amendment) Act, 2004, that was effective recently, has partially helped reduce land disputes and check the forgery of documents of land ownership. If corruption and anomalies at the sub-registrar's office can be stopped, the objectives of the new act are likely to be achieved. The government brought reforms to the registration act in order to improve land management. If modern technology could be introduced along with the newly introduced law, it would further benefit the people. Proper steps should be taken to check corruption and anomalies in the sub-registrar's office in order to make the new law effective.

According to reports published in the media, about 90 per cent of households are forced to bribe field level land officials for registration of land as corruption and lack of transparency and accountability reign supreme in land administration, Transparency International Bangladesh (TIB) revealed recently. The offices of Assistant Commissioner (AC) land, Sub-registrar, Tahsildar, Deed writer, Kanungu and Settlement officer exacted about Tk 122.1 million in bribe from service seekers, the TIB found in a survey conducted in six municipalities and 52 unions of greater Mymensingh region during October to November last year.

Each individual household in municipalities and rural areas had to bribe Tk 2,928 and 1,910 respectively on an average for land registration. About 59 percent households showed land price 49 percent less than actual to evade tax in connivance with registration officials and clerks. The government recently decided to realise land registration fees through pay orders. The survey also found that 92 percent of those who needed mutation of land had to pay Tk 1,500 in bribe each and 12 percent of those who sold land had to suffer various hassles including paying bribe. People were also subjected to pay many times the actual price for stamp, cartridge paper and copy of the deed.

In the case of the land transfer process through sale the reality is that some transfers occur on an entirely unofficial basis, perhaps when land is mortgaged, but this is becoming less common. Some buyers may not check the AC records first and even if they do, these may well not be up to date. The deed writers and Sub-Registrar collude to ensure that this step only proceeds if a bribe is paid first, while the buyer and seller may also collude to reduce the amount of Immovable Property Transfer Tax (IPTT), which is levied at 10% of the sale value. There is no requirement to check the legality of the transaction and it is not uncommon for the same plot to be "sold" to several different buyers, although this is much more frequent in urban areas. This is supposed to be issued within a month, but frequently takes a year and the payment of a bribe. The AC (Land) generally does not update the record unless he is paid a bribe to do so. The diversity of ways in which land records may be updated and the problems associated with each, give rise to numerous disputes in which the rich and powerful invariably enjoy the upper hand.

The present land management pattern and registration system in the city as well as across the country is terribly complicated. The whole process needs to go through drastic reform. While digitisation of the entire system is a must, the government requires to enact a number of laws to give some relief to the suffering people.

۩  land disputes of Chittagong:-

Development actors, economists and leaders of ethnic minority groups have urged the political parties to pledge measures in their respective election manifestos to end the longstanding land disputes in Chittagong Hill Tracts.   Speaking at a seminar on ‘Jhum (shifting) Cultivation and State Policy: the Land Rights of the Indigenous Residents in CHT’, they also asked the government to establish a permanent land commission with modern outlook to replace the flawed land management system in the country. ‘There should be a permanent commission to deal with all land related problems, and resolve them in the shortest possible time’, Abul Barakat, a professor of economics at Dhaka University, told the seminar held at YWCA conference hall on Saturday.   Land disputes and denial of indigenous people’s access to land resulted in a downward trend in shifting cultivation, considered as an integral part of indigenous culture in the CHT, the speakers said. In his keynote paper, Santosh Tripura, a NORAD fellow at Tramso University, Norway, said the shifting cultivation had significantly shrunk in the last century in the CHT.   ‘By now, the percentage of people engaged in shifting cultivation has come down to 35 from 88 per cent in 2001’, Santosh, who did his research on problems of land rights in Chittagong Hill Tracts, said.  Referring to the recent baseline survey in the CHT, Abul Barakat said that the number of people engaged in shifting cultivation was less than that was mentioned in the keynote paper. It has been found that generally 19 per cent of the indigenous people are engaged in shifting cultivation.The percentage varies among the ethnic groups, he said, adding that 100 per cent people of some of the groups were engaged in such cultivation while it was less in some other groups.  But, he said, the survey found acute poverty among 65 per cent of the CHT people.   Organised by the Association for Land Reforms and Development, the seminar was also addressed among others by CHT Regional Commission member Gautam Chakma, Dhaka University professors Ahsan Ali and Ainun Nahar, researcher Barendra Lal Tripura and Utpal Khisha. Khushi Kabir, chief executive of non-governmental organisation Nijera Kori, presided over the session. Gautam Chakma gave a brief introduction of jhum cultivation. He referred to the history of the region and said that the shifting cultivation was the main system of farming in Bangladesh some 500 years ago when most part of southern Bangladesh was under water.   ‘The method of jhum cultivation is not only necessary for the life and livelihoods [of indigenous people] but also necessary for the land [in CHT]’, said Gautam who was the general secretary of Parbatya Chattagram Jana Sanghati Samiti which fought an armed struggled for CHT self-rule for more than two decades before the signing of the peace deal in 1997 Dispelling the general notion that shifting cultivation causes environmental degradation, Gautam said that this method of cultivation was in force in many places and regions, including the Hidukush Range of the Himalayas.  He called on the government to take pragmatic steps for the people living in the CHT, especially in order to resolve their land related disputes. He alleged that the Bengali settlers, who moved there only a few years ago, were easily getting documents for lands while the indigenous people living there for centuries were deprived of their rights.  He also urged all concerned to carry forward the movement of the ethnic minorities.

۩  Land policy and administration timeline:-

India period

Land revenue systems introduced by Hindu rulers of ancient India.C16 Sher Shah reforms introduce a regular system of land measurement together with the assessment and collection of revenue.C17-18 British establish an elaborate system of land surveys and registration based on the concept of net assets. This is designed to encourage the peasantry to settle remote and marginal land and thus boost revenue collection. It continues with some modifications in the very different circumstances that now obtain. 1793 The Permanent Settlement Act vests rights to land (and water bodies) in a class of zamindars. Whilst intended to usher in the re-organisation of agriculture along capitalist lines, this has the actual affect of creating multiple-layers of sub-tenants. 1882 Transfer of Property Act, the fore-runner relevant to present registration procedures, is passed. 1888-1940 A Cadastral Survey (CS) of undivided Bengal creates the original record of land rights. This is often still accepted as evidence by modern courts. 1908 The Registration Act establishes land registers kept by the subregistrar, an official under the Ministry of Law. These assess and collect “ad valorem” based registration fees, stamp duty and transfer tax, and provide deeds relating to the transfer of land. 1927 90,000 cadastral maps covering the whole of contemporary Bangladesh are published. These are still considered the most reliable cartographic record by modern courts. 1946 The Tebhaga share-croppers movement campaigns for reforms in ratios and procedures governing division of produce. But nobody now really represents their interests or carries the movement forwards. Slogans for re-distributional land reform are part of the anti-colonial struggle.


Pakistan period

1947 Pakistan continues with a version of the net asset system but this decline in importance with reduced frequency of settlements and poor maintenance of land records. 1950 Abolition of Zamindari system. Control of land passes to the Revenue Department, which subsequently becomes the Ministry of Land (MOL). 1951 East Bengal State Acquisition and Tenancy Act (EBSATA) 1951 promotes the goal of retaining the agricultural character of land by giving cultivators first right of purchase and prohibiting other use; but the large number of exceptions and poor enforcement dilute impact. A land ceiling of 33.3 acres is imposed. 1950-early 70s A leftist movement targets landless poor and marginal farmers, but whilst land reform continues to excite the popular imagination, little is done by way of implementation. 1956-62 A State Acquisition Survey is conducted based on the CS blueprint 1961 Land ceiling raised to 125 acres 1965- Survey and revisional settlement operation commences, but progress is very slow and by 1995 it has only been completed in 10% of all thanas CARE SDU Reports and Studies Land Policy Lit Review Final.doc

Bangladesh period

1972 A land ceiling of 33.3 acres is re-established and various presidential orders provide for the distribution of khas land amongst the landless. Expected that 2.5 million acres of excess land will be released, but in reality there is far less. Newly formed land vested in government, becoming a second type of khas. Exemption from land tax granted for families owning < 8.33 acres. 1976 A variety of land related charges are consolidated into the Land Development Tax (LDT), which covers the whole country except CHT, but deficiencies in the record system mean individual holdings cannot be checked, and switches to more heavily taxed non-agricultural uses frequently go unrecorded. 1984 The Land Reform Ordinance limits future land acquisitions to 21 acres whilst retaining present ceilings. Benami (ceiling avoiding) transfers to relations are outlawed, but again evasion is easy. Legal recognition to the rights of share-croppers is given for the first Time and share-cropping is established as the only admissible form of tenancy contract. Late 1980s Only 0.2% of value added in agriculture collected as LDT revenue, of which collection cost is two thirds. Late 1980s Muyeed Committee recommends that functions of Land Registration (sub-registrar) and record (tehsil) be brought together in a single office at field level but this is ignored. 1988 Cluster village programmed resettles landless people on state land, but only 800, with some 32,000 households, have been formed by 1996. 1989 Board of Land Administration split into Land Appeals Board and Land Reforms Board to deal with the ever increasing volume of quasi-judicial appeals.  1991 A survey shows 90% of the rural population are unaware of the 1984 reforms. 1991 A land administrations manual lays down detailed instructions regarding inspection and supervision of Union and Thana land offices. 1992 Farms of up to 8.33 acres are exempted from LDT. 8.33 – 10 acres are charged at BDT 0.5 per acre, and larger holdings at BDT 2 per acre. 1997 New Agricultural Khas Land Management and Settlement Policy introduced. 1998 Total khas land is found to be 0.75 million acres (or 3% of arable land area). But the actual amount remains unclear as a result of de facto private control arising from informal local settlements. 2015-20 estimated date for completion of survey of land rights.

۩  The structure of contemporary land administration:-
Land administration in Bangladesh has a long history that dates back to systems Developed by the Hindu rulers of ancient India, and still carries the heavy imprint of The elaborate system of land surveys and registration for revenue collection purposes Introduced by the British. The present day administration of land splits into four Different functions, divided between two Ministries

�� The Directorate of Land Records and Surveys (DLRS) in the Ministry of Land (MOL) conducts cadastral surveys, from which it produces mouza (revenue village) maps showing individual plots of land and khatian (individual land record certificates).

�� The Land Reform Board (LRB), also in the MOL, has a number of functions that it discharges through Upazilla Land Offices and Union Tehsil offices. It administers khas (public) land, and manages abandoned and vested property. It updates maps and land records between surveys, and sets and collects the Land Development Tax (LDT). It is also formally responsible for the implementation of land reform legislation and the implementation of tenant’s rights.

�� The Land Appeals Board (again in the MOL), is the highest revenue court in the land, serving as the final arbiter in matters of khas land, changes in records, plot demarcation and taxation which cannot be resolved at lower levels. As such, it represents the final link in a chain running upwards from the Assistant Commissioner (Land) and the Nirbahi Officer at the Upazilla, through the Additional Deputy Collector (Revenue) and the Deputy Revenue Collector at the District.

�� Finally, the Department of Land Registration in the Ministry of Law, Justice and Parliamentary Affairs records land mutations arising through sale, inheritance or other forms of transfer, reports changes to the Ministry of Land, and collects the Immovable Property Transfer Tax. Other agencies playing a more minor part in the administration of land include the Ministry of Forests, the Fisheries Department, the Directorate of Housing and Settlement, and the Department of Roads and Railways. Further details of the key roles in land administration at divisional, district, Upazilla and union levels appear in Figure 4. Figure 5 then gives more details of staffing patterns at Upazilla level and below, where most of the work is done; and Figure 6 sketches the main relationships arising between different categories of staff within departments and across departmental lines.


۩  Recommendations:-

New land acts to prevent The Registration (Amendment) Act 2004, which makes mandatory registration of all kinds of transfer of land and property, will be further amended if it obstructs farmers from getting small agricultural loans, the law, justice and parliamentary affairs minister, The assurance when exchanging views on implementation of four acts on land management that have amended four old laws and are scheduled to take effect on July 1, and the Financial Loan Court Act.  The Registration (Amendment) Act 2004, the Transfer of Property (Amendment) Act 2004, the Specific Relief (Amendment) Act 2004 and the Limitation (Amendment) Act 2004 were passed by the Jatiya Sangsad in November, 2004, and the acts amended the Registration Act 1908, the Transfer of Property Act 1982, the Specific Relief Act 1877 and the Limitation Act 1908.  
  The Financial Loan Court Act came into effect on May 1, 2003.   Different banks hailed the amendments to the Registration Act and Transfer of Property Act, saying they would prevent fraudulence in getting loan from banks by mortgaging land with false documents of ownership.

However, some bankers, including the managing director of the Bangladesh Krishi Bank, AKM Sajedur Rahman, said the amended acts would make it difficult for farmers to get small agricultural loans. The acts, eventually, will reduce the number of new cases in the courts, be they civil or criminal, as they will systematise the ownership and management of land and property, and will also play a great role in stopping fraudulence in transfer and mortgage of land and property.   ‘More than one million criminal and civil cases are pending in different courts of the country and about 70 per cent of those cases are due to land disputes,


Bangladesh is a small country with a rich cultural heritage. It is not only the Bangalis (plains people) who have contributed to this culture, but also the several hundred tribal communities of the country who live mainly in the Hill areas of the Chittagong Hill Tracts, in the Districts of Dinajpur, Rajshahi, Sylhet and the plains forests in Dhaka, Tangail, Mymensingh and Jamalpur. Unfortunately, through out the modern history of the country, successive governments have carried out successive re-settlement programmes, ousting the tribal populace from their settlements and agricultural land and bringing in Bangalis from the plain lands. This has happened in both the Chittagong Hill Tracts (CHT) and in the Madhupur forests of Mymensingh. However, it is not only re-settlement which disrupts tribal life. The government has also caused loss of land by flooding it with the construction of a dam - the Karnaphuli Dam in the CHT area, and deforestation in Madhupur for making rubber plantations. Deforestation also occurs due to unchecked and illegal logging. However, it is not only the government who act at 'land grabbers'. In many cases, influential locals in the regions have muscled their way into illegally acquiring tribal-owned land, through pillage, murder and fire. All this happens despite Constitution guarantees that all citizens of Bangladesh are equal in the eyes of the law and that there shall be no discrimination against any person. Loss of land by tribals have has serious reprecussions to the peace of Bangladesh. Land grabbing is one of the major problems faced by tribal people all over the country. Land is taken by force, fraud or bribery and it is difficult for the tribal people to establish their rights. One of the causes for this is the sad lack of education and ignorance of the law. Another reason is discrimination. While the constitution advocated every person's equal right under the law, in various occasions, tribals are considered to be 'second' class citizens. These are the reasons why access to legal recourse is not found and why many prefer to keep quite about injustices done to them. Some fear violence and retribution from local Bangalis, while others are exasperated by the fact that the law enforcing agencies in the locality do nothing to protect them from wrongful acts such as land grabbing, forced eviction and even crimes such as rape and murder.

Finance Minister AMA Muhith Saturday said as part of improving services and to lessen public sufferings all fees would be received at a single desk at the sub-registrar's offices for land registration from September 1.

"People make two types of payments at sub-registrar's office -- to the government and the registrars. But they do not get proper services," he said while speaking at a views exchange meeting in the city.

The law ministry convened the meeting at BIAM Auditorium to identify and solve the problems the country's 61 district registrars and 476 sub-registrars offices are facing.

Speaking as chief guest, Mr Muhith said people now pay different sorts of fees at separate office desks during land registration and both sellers and buyers of lands are forced to pay bribes at every table to have their job done.

"The land administration system in the country is feeble and corrupt. Things have to be changed through digitization of the system."

"The government is moving to digitalise the entire land management system. Once completed, people will be able to collect land documents within 15 days," said the minister.

The minister added: "There is no need for a land survey department, as it serves no purpose at all. The survey is done just to create foundation for taking bribes during land recording." Its importance will also vanish if the whole system is digitised, he said.
Law Minister Shafique Ahmed reiterated the government's intention to retain the Registration Directorate under the law ministry instead of moving it to the land ministry as the directorate exercises some judicial powers.

He said steps to resolve all problems that are choking the land registration system would be taken immediately, as it contributes a significant amount of money to the treasury.

Vacant posts of the land registration offices would be filled soon, he assured saying that the case filed by Mujibnagar government employees could be easily resolved.

Law Secretary Kazi Habibul Awal, who presided over the meeting, said: "We still operate on the out-of-date system. The directorate has not witnessed adequate reforms although some changes have been made recently."

"We need to introduce a modern digital technology to document deeds which is expected to develop a simple, speedy and reliable registration process, provide transparency in the valuation of the property, automate all back office functions and establish an easy, reliable and cost effective documentation system and effective search."

He said the land management system in the country is being adversely affected due to thousands of pending civil and criminal cases.

"The soon-to-be introduced system will bring revolutionary changes in land management." The law secretary said the directorate faces manpower crisis as 40 per cent of the posts have fallen vacant and there has been no fresh recruitment in the last 5 to 7 years thanks to a writ petition pending with the Supreme Court. Land Minister Rezaul Karim Hira urged the law ministry to change the laws, if necessary, to bring reforms to the land management.

Inspector General of Registration Munshi Nazrul Islam demanded introduction of registrar cadre post, removal of manpower crisis and turning the land directorate into a department.

M Shahidul Haque, additional secretary of Ministry of Law, said in his keynote presentation: "A deed registration takes usually about 180 days which is possible in just one hour with the help of a digitised system."

He said the image of the registrars' offices was poor due to inaccessibility of the officers, lack of information to users, lack of transparency and accountability, massive work backlog, government revenues on different heads, poor service delivery and unfriendly environment.

"Taxes and fees for land registration are received on different heads. The hassle will go if one desk collects all taxes and fees."

The system will need no government funds, as it will be established on public-private partnership, he said. Mr Haque said the system would establish greater client satisfaction and reduce the role of middlemen and chances of fraud. Incidences of forgery would also reduce due to e-photographs and e-thumbprints. State Minister for Law Quamrul Islam also spoke at the meeting, which was attended by district registrars and sub-registrars from across the country.

۩  Conclusion:-
The preventing land disputes, there is no alternative of law of registration. In the Prevention of land disputes law of registration is must necessary. The land administration system in the country is feeble and corrupt. Things have to be changed through digitization of the system.

The image of the registrars' offices was poor due to inaccessibility of the officers, lack of information to users, lack of transparency and accountability, massive work backlog, government revenues on different heads, poor service delivery and unfriendly environment.






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  1. ঢাকা চট্টগ্রাম মহা সড়কের কাছে (ভিক্টরীয়া মাজারগেইট, অলংকার পাহাড়তলী) আমাদের কিছু দোকান আছে , আমার বাবা মারা যাওযার পর এই দোকান গুলোই আমাদের বেচে থাকার একমাত্র অবলম্বন, এ ছাড়া আমাদের আর কোন সোর্স অফ ইনকাম নেই - এ দোকান গুলোর একজন ভাড়াটিয়া চাচ্ছে দোকান গুলোর ভাড়া না বাড়ানোর াজুহাত উঠিয়ে তা জোরকরে দখল করতে চাচ্ছে, আমাদেরকে দোকানের কাছে যেতে দেয় না এবং আমাদেরকে ভয় ভীতি দেখিয়ে বলে ভাড়া চাইতে আসলে মেরে ফেলবো

    এই ব্যাপারে দোকান মালিক সমিতিকে আমরা অবহিত করি তারাও আমাদের পক্ষে রায় দেয়, কিন্ত উক্ত ভাড়াটিয়া দোকান মালিক সমিতির রায় মানে না, বিষয়টি আমরা থানায় জানাই থানার কোন সিদ্ধান্তও সে মানছেন না - কারন তিনি প্রকাশ্যে বলে বেড়াচ্ছেন তিনি মন্ত্রী আবসারুল আমীন এবং হাসান মাহমুদের নিকট আন্তীয়, আর এই আন্তীয়তার খুটুর জোরে সে আমাদের দোকান গুলো দখলের চেষ্টা করছেন, থানার পুলিশ, নেতা সবাই তাদের ভক্ত, আর তাদের টাকার জোরও অনেক, আমাদের টাকাও নেই ক্ষমতাও নেই - আমরা এতিম, আর দোকানের ভাড়া না পাওযায় আমরা অনির্চয়তা এবং গভীয় সঙকটের মধ্যে আছি, কেহ আমাদের সাহায্যে এগিয়ে আসতে পারে না, মন্ত্রী আন্তীয়দের পরিচয় দানকারী এই ভাড়াটিয়ার ভয়ে, কথায় বলে জোর যার মুল্লুক তার, আমরা কী মঘের মুল্লুকে বসবাস করছি?

    আমাদের অর্থনৈতিক অবস্থা খুব ভালো না থাকায় আমরা কিছু করতে বা বুঝতে পারছি না, তাদের পক্ষে স্থানীয় ২ জন মন্ত্রী এবং আদের ভাই, আন্থীয় স্বজন, নেতারা ভাড়াটিয়ার পক্ষ নেয়ায় আমরা আরো বিপদের মধ্যে আছি, আমরা জানি না আমরা এখন কি করবো?

    ফোরামে লিখে সাংবাদিক এবং আইন বুঝে এমন লোকের সাহায্য চাইতে - তাই আমি সকলের উপদেশ চাই - এখানে কোন সাংবাদিক থাকেন তবে আমি তার সাহায্য চাই-বিষয়টি প্রধান মন্ত্রীর দৃষ্টি আকর্ষন করাতে চাচ্ছি- প্রধানমন্ত্রীর হস্তক্ষেপ কামনা করছি

    উত্তরমুছুন