Meeting on amendment of CHT Land Dispute Resolution Commission Act held at Land Ministry

Following the decision of CHT Accord Implementation Committee on amendment of CHT Land Dispute Resolution Commission Act 2011, Land Ministry convened a meeting on review of amendment proposal of said Act on 28 March 2012 with land minister Rezaul Karim Heera in the chair.

Member of CHT Regional Council Mr. Goutam Kumar Chakma and K S Mong Marma attended the meeting. Besides, officials from Land Ministry, CHT Affairs Ministry and Law Ministry were also present in the meeting.

Out of 13 amendment proposals to the CHT Land Dispute Resolution Act 2001 finalised by CHT Affairs Ministry and CHT Regional Council, 10 proposals were unanimously adopted in the meeting for amendment. But other 3 amendment proposals remain unresolved. It was decided regarding those three proposals to send again to CHT Accord Implementation Committee for taking further clarification or opinion of the committee. In addition, the meeting also proposed to invite land minister, state minister for land and state minister for CHT affairs to the meeting of the CHT Accord Implementation Committee to finalise the unresolved 3 amendment proposals. The present text in the 2001 Act and recommendation for amendment of 3 undecided proposals are as follows:

The present text of Section 6(1)(a) in the 2001 Act is “To settle the land related dispute of the rehabilitated refugees in accordance with the existing laws and customs in the Chittagong Hill Tracts”. Proposal was taken to replace it with “In addition to quick settlement of the disputes of lands of the rehabilitated tribal refugees to settle, all disputes of lands, which have been illegally given in settlement and occupied in accordance with the existing laws, customs and usages of Chittagong Hill Tracts”.

The present text of Section 6(1)(c) in the 2001 Act is “Any land has been given in settlement in violation of the existing laws of CHT, shall be cancelled and if any lawful owner has been illegally occupied on account of such settlement shall be restored: Provided that, this sub-section shall not be applicable in case of Reserved Forests, Kaptai Hydroelectricity Project area, Betbunia Earth Satellite Station, state-owned industries and land recorded with the Government or local authorities”. Proposal was taken to replace it with “To replace Section 6(1)(c) with: “Any land has been given in settlement in violation of the existing laws, custom and usages of CHT, shall be cancelled and if any lawful owner has been illegally occupied on account of such settlement shall be restored:” and to omit “Provided that, this sub-section shall not be applicable in case of Reserved Forests, Kaptai Hydroelectricity Project area, Betbunia Earth Satellite Station, state-owned industries and land recorded with the Government or local authorities.”

Proposal was also made to add a new section stipulating that “Section 21: Inclusion of Functions of the Land Commission into CHT Affairs Ministry and it will be enforced soon after enactment of this law”.

It is mentionable that on 12 July 2001, just the day before the handing over charge to the Caretaker Government, the previous Awami League government (1996-2001) hurriedly passed the “CHT Land Disputes Resolution Commission Act 2001” in the parliament without taking into account the advice and recommendations given by the CHTRC. As a result, so many provisions crept into the Act which were contradictory to the CHT Accord and detrimental to the interest of the Jumma people.

With the grand alliance forming a new government in January 2009, the CHTRC again sent the recommendation to the government on 7 May 2009 for consideration. Accordingly several meetings on amendment of CHT Land Dispute Settlement Commission Act were held during the period of present government. But amendment of the Act is yet to be achieved.

Finally, on 20 June 2011 CHT Affairs Ministry sent final version of 13-point amendment proposals of the Act to Land Ministry for taking necessary initiative to place Cabinet and Parliament for final adoption.

However, as Shakti Pada Tripura, organising secretary of PCJSS said, instead of taking necessary action for adoption of this Act in the Cabinet and Parliament, Land Ministry is killing time by convening review meeting on amendment proposals finalised by CHT affairs ministry and CHT Regional Council or sending the proposals to the CHT Accord Implementation Committee for final decision.

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source: PCJSS