collection of Land development Taxes, Maintaining of Registers and of Return, Management of Khas land, Waqf and Enemy property, Sairat mohal, Ferry ghat, certificate cases, Preparation of Maps, Management of civil suits arising out of land etc. The research has analyzed the present structure of land management and land administration of District.

Statement of the Problem: The study has an attempt to critically analyze the difficulties of Land Management System in as well as in whole due to existing problems. The following problems have been identified of the existing Land Management System in Rajshahi District: (a) The Land Management System in Bangladesh is mostly misused [9]. This is because many of Land Laws, rules and regulations and Policies are complex and traditional in nature. (b) Deficiency of manpower is a great problem in this sector. Huge work loads are done by a small group of staffs. Most probably after 2009, no new recruitment was possible at the union land offices. Moreover, The Land offices will be set up at Union level according to the Organogram of 1985. This decision has already been implemented all over the country except Rajshahi District and few other districts. No new infrastructure development has taken place in the recent years. As a result, one union land office covers 2- 3 unions. (c) Land related documents are most important part for Land Management System but excessive land related documents or records of rights create many problems of ownership in land management. For example, ‘Abdul Barek’ from Tanore , a land owner brings a proof of ownership from the office of ULASO/ULAO, another from Registrar’s office and yet another from the Settlement office and if there happens to be a difference then question will arise. By these types of varieties of land documents, it is very hard and complicated to identify the real land owner. This creates defect of the existing system of land management at Tanore, Godagari, Puthia, Bagha and Durgapur Upazila. (d) Although in few districts, RoR and other land documents are prepared and preserved through internet but the existing land records of Bangladesh such as CS, SA, RS are to prepare manually [10]. (e) To transfer a land, deed registration is compulsory [11]. Due to inadequate and improper land registrations process, it increases difficulties in securing land tenure and transfer in Bangladesh. (f) During the survey of research, it was found that the AC (Land) is not expert in Land related matter. They are qualifying BCS from any discipline and posted as AC (Land). They learn from Kanungo/ Surveyor etc. When they became experienced, they are transferred to another station or promoted as UNO etc. This is the common tendency of AC (Land) to become UNO after their first posting. Moreover, many of the post of AC (Land) sometimes become vacant. Then UNO discharge the function in place of the vacant offices for example Paba and of Rajshahi District [12] but UNO is enormously engaged with his own various administrative functions. So, services automatically became delayed and sufferings of the service seekers increase.

Aims and Objectives of the Study: The main objective of this study is to discuss and examine the various modes of Land Management System of Rajshahi District. However, the specific objectives of this research are following: 1. To examine and justify post-colonial land strategies and reforms, including those relating to khas land and other type of Land Management System; 2. To study the system of land title transfer and registration process, land laws and policies, preparation and correction of records, mutation and survey process etc;

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3. To examine the nature and discuss the role of the authority of different land offices (e.g. DC, ADC Revenue, AC (Land), ULAO, Registrar and Sub-Registrar of Rajshahi District and Land Reform Board, Land Appeal Board, Land Administration Training Center, Land Ministry etc.); 4. Finally to explain and scrutinize the Land Management System of Rajshahi District and to analyze the major problems and probable solutions for settlements.

Materials and Methodology: In this research the method of documentary of analysis and field survey (visiting land offices of Rajshahi district for data collection) have been mostly used. The research is mainly based on secondary information. Moreover, the case study method has been used to give the research work into a complete shape. As the research work is an empirical one, so the data collection and analysis has been used on this study as an instance to develop in the modern Land Management System of Rajshahi District. The data has been processed and analyzed by computer both quantitatively and qualitatively. Statistical methods consisting of percentage correlation has been used; the analysis of qualitative data has been made systematic and analytical description of the collected facts.

Discussions Land Management System of Rajshahi District: Rajshahi District is a district as a part of situated in north-western in Bangladesh. This District has a total population of 2,286,874 of whom 1,184,448 are male and 1,102,426 are female. Muslims are 2,136,702; Hindus are 112,643; Buddhists are 22,765; Christians are 599 while 14,165 identify their religion as other. The district has a low literacy rate with average literacy rate of 30.61%. Male literacy is 37.6% while female literacy is 23.2% [13]. There are 10 AC (Land) offices for the functioning of Land Management and Land administration in this District. These AC (Land) offices are located at , , , Durgapur Upazila, , , , , Tanore Upazila, Boalia Thana AC (Land) offices. The numbers of union land offices are 36 in the District. Table 1. Rajshahi District at a glance

Rajshahi District at a glance

Population Area (sq Density Literacy Upazila Municipality Union Mauza Village km) (sq km) rate (%) Urban Rural

2407.01 9 14 71 1718 1853 843625 1443249 950 47.54

Major Problem of Land Management and Land Administration of Rajshahi District: The following are the key problems of this District: o If the Land Records and Survey Directorate are not managed, the survey activities will stop of the concern area. For example, at Mohanpur Upazila, among 10 digital surveys, only 3-4 have been completed and the remaining is pending at hearing stage. Not only this but also the survey activities are completed by sitting at one place.

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o Classification of land is a great problem during survey and records. For example, the same kind of land in Mymensing / is ‘nal’ and ‘dhane’ in Rajshahi District; total 156 kinds of land is a serious problem; o Govt. circular is not implemented properly in practice. For example, tk. 40-60/- per decimal at Bagmara and Puthia Upazila of LDT of ponds are taking; o AC (Land) provides instructions to the ULAO / ULASO to submit mutation report by physical survey within 15 days. But they (ULAO / ULASO) hear from the ‘office friendly people’ [14] about the concern land and submit report; o According to government circular, the specific time limit for mutation is 60 days in city areas and 45 days in other areas. Fees for mutation is determined 1170/- (eleven hundred and seventy) taka through the circular. Necessary documents are mandatory for mutation which is prescribed by the circular. But in most of the cases, it took extra time. Sometimes it takes 3 to 6 months or even more. Sometimes the authority put their signature with back dated. People were deprived of getting proper services. In order to address such problems, the government spontaneously took the decision to promulgate a procedural rule through government circular and implement it in Upazila/ Union Land offices [15]. o Avoiding clerical/spelling mistakes. For example, Bahim in place Rahim, Lal Chand in place of Lal Chand Mia or dag number (plot no.) 765 in place of 756 etc. Ignorance of the common people is also a great factor.

A pen picture of Khas Land Management of Rajshahi District: Quantity of khas land: (for the year of 2016) [16]. (a) Agriculture: 6917.10 acres; (b) Non- Agriculture : 22804.4631 acres. Distributed khas land: (a) Agricultural: 4935.11 acres; (b) Non- Agricultural: 282.3970 acres Benefitted Families: (a) Agricultural: 18123; (b) Non- Agricultural: 1398

Total time taken to settle a khas land case: According to the key indicator, AC (Land) to distribute 20 applications of khas land per year. Therefore to settle a khas land case it will take 6 months to 1 year. To distribute khas land to the landless of both rural and urban areas, no individual shall entitle more than five kathas of khas land [17]

Case Study in regard of Khas Land of Rajshahi District: A report published in the newspaper of Rajshahi that one kind of dishonest people with the help of land offices and local UP chairman, members take their possession of khas land. The govt. khas land in this way is dispossessed in Rajshahi District. But how much khas land is dispossessed from the govt., there is no clear statistics at the Land offices of Rajshahi such as Charghat, Bagha, Puthia, Bagmara, Durgapur, Mohanpur, Tanore, Godagai and Paba Upazila [18]. After surveying the Godagari and Tanore Upazila, it was found that most of the govt. khas land even a less amount of khas land was dispossessed. The influential possessor builds in that land a semi pacca and pacca construction. Among them, most of the dispossessed khas land is located at Badhair Union at Tanore Upazila.

Land Management System in respect of Mutation (Khariz) Process of Rajshahi District:  The process of mutation is traditional i.e. it is done manually although few offices have taken initiatives to provide information of mutation through online. To ensure digitalize the full process of mutation, it will take time and need to recruit sufficient skilled manpower.  There are a lot of difficulties to collect or buy a set of mutation application form, to fill in the form and write application ;

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 Delay in getting service, loss of time, money and energy of the service seekers and sometimes harassment by middleman or brokers.  The land offices do this activity properly. Almost they follow traditional manual (analogue) system for mutation although little information has been given the web sites of concern AC (Land) office.

Time Taken for Mutation: The researcher examined 10 (ten) files of mutation case. It was found during examination that, only two applications of seven were disposed within the time limit. The details are shown in the table below:

A Report of Field Survey regarding mutation is given below: Table 2. Field Survey regarding mutation

Activitie Sl Authority s & Extra Total Remarks Remarks Office no. & Staff Govt. money time 1 2 Fees AC Sometimes *Shortage of manpower Practically take extra time Manual 45-60 1 Boalia (Land) take 300/-tk but put signature within the 1170/- days 6 +… prescribe period (back date) AC Sometimes *Shortage of manpower Put signature within the Manual 2 Charghat (Land) take 500/-or 60-180 *Not expert prescribe period with back 1170/- 4 more days Coming from English date AC Sometimes *Shortage of manpower Need Extra time in practice Manual 90-120 3 Bagha (Land) take 300/-tk *Not expert 1170/- days 4 +… AC Refused to 60- *Shortage of manpower Complex system, people are Manual 4 Puthia (Land) take extra 153day * Provides all infra ignorant, step publicity 1170/- 7 money s structure facilities AC Sometimes *Shortage of manpower * People are not aware Durgapu Manual 60-120 5 (Land) take 3000/ * Not expert * Mentality should change r 1170/- days 5 Sometimes *Shortage of manpower Need Extra time in practice, AC take 3000/ * Not expert People are afraid, Manual 6-12 6 Tanore (Land) Coming from English Influence of third party 1170/- months 7 *No AC (Land) 10 months UNO(In- Partially No such *Shortage of manpower Trying to provide digital 45-60 7 Paba Charge) online practice * Huge workload service, Office friendly days 12 1170/- people visit Sometimes *Shortage of manpower Trying to provide digital AC Mohanp Manual take 100/ 60-120 * Huge workload service, Complex system, 8 (Land) ur 1170/- days * Not expert people are ignorant, 6 step publicity AC Sometimes *Shortage of manpower Delay process, Manual 6-12 9 Godagari (Land) take 500/ * Not expert Complex System and 1170/- months 4 +… Coming from English Harassment of people AC 500- 3000/- *Shortage of manpower Delay process, Complex Manual 3-12 10 Bagmara (Land) * Not expert System and Harassment of 1170/- months 5 Coming from English people

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Table 3. Existing Govt. Fees for Mutation/DCR

Criteria Fees (BDT) Court fee 20.00 Fees for notice issuing 50.00 Correction of Records fees 1000.00 Khatian fees for each copy 100.00 Total 1170.00

Case study at Tanore AC (Land) office: Mr. Sakendar, 45 years, Kolma, Mundumala, Tanore, Rajshahi. He is the victim of mutation process at AC (Land) office. He claimed that the AC (Land) office took extra money, father sells 23 bighas of land and his son went to give LTD of one bigha but they did not receive. They demand 6000/- taka. Later on, he gives 2700/- taka. He also claimed that the people of this area are dissatisfied because they do not know how to receive land service, delay process, the posting of AC (Land) was stopped for a long time, the applicant will not come to AC (Land) office himself sometimes, they go to the third person (agent). Then third person demand and took extra money from the land owner. As there was no sufficient manpower, so it took a long time. He further claimed that the staffs are not well trained even AC (Land). Maximum people are in fear position. Village politics is one of the factors he added.

A Pen Picture of Land Development Tax of Rajshahi District: The main responsibility to collection and recover LDT of Rajshahi District belongs to the ADC (Revenue). Under his supervision and guidance of AC (Land) of different 9 Upazila’s and one Thana Land office, the ULAO and ULASO recovered the LDT each year. In case of default, LDT will recover as per the provisions of Public Demand Recovery Act, 1913. Moreover, the Land Administration authority of the Rajshahi District will prepare a statement of dues of LDT, paid LDT, take necessary steps from the land owners and different institutions from time to time. To recover LDT, they would draw the attention of Ministry through DC and fill up Return 3. Furthermore, to settle certificate case, submit requisition and LDT to the govt. properly. In the year of 2015-2016 total dues was = 109177518/-, recovered = 47711701/-LDT from Rajshahi District. To recover LDT, the govt. circular is not maintained properly. For example, the LDT of ponds is collecting at their will at the rate of 40-60 taka per decimal at Bagmara and Puthia Upazila.

Civil suits statistics: In Rajshahi District, most of the suits of land disputes arising out of partition suits, rectification of instruments, title suits (declaratory suits), possession and permanent injunction due to the mentality of the people, illegal possession, voracity of property and to earn money by fraud. The major causes of land dispute of Rajshahi District are ethical issues. Total civil suits pending at Rajshahi Judges Court: (for the year of 2017) = 2940 [19].

Land Management System of Malda colony, Assam colony and Shiroil colony: Like other areas of land, DC, ADC (Rev) and AC (Land) is responsible for the smooth land management and administration Malda colony, Assam colony and Shiroil colony of Rajshahi District. The land of this mauzas was the relief property once upon a time. Malda colony is located under Shiroil mauza / Arazi Shiroil mauza. It is nearby Sapura/north side of BSCIC area. It is controlled by Boalia Thana AC (Land) office. Assam colony is located under Chotobangram mauza. It is nearby power house more at Salbagan area. It is controlled by Boalia Thana AC (Land) office.

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Shiroil colony is located under Shiroil mauza or Arazi Shiroil mouza. It is located north side Railway station and back side of district stadium. It controlled by Boalia Thana AC (Land) office.

Major problems of Land Management of such colony  In this land area the land development tax was stopped for a long time. As a result, govt. loses many of its revenue from this colony;  Mutation was stopped;  Irregularities and anomalies regarding land documents;  Selling of land of high value was stopped;  In these three colonies there are many khas land. The ownership of this type of khas land belongs to the govt. But many people did complete mutation and paid LDT of this khas land in their own name by way of illegal means;  Mutation problem of the deeds / documents which were registered before 2005. Recently, govt. has taken a strong initiative to start mutation of the land of such colony areas. Therefore, the people are paying LDT and govt. earning revenues. Now it is open for mutation, payment of LDT and transfer etc. [20]. The government implements Digital Land Management and digitalizes the land records system of the country. There is no alternative system to records in proper land management to attracting investment an industry and agriculture sectors.

Results and Recommendations Survey Result: The researcher surveyed land offices for data collection from the service seeking people. He found some facts regarding land management and administration issues. Here the researcher presented some issues relating to mutation, registration, taxes and education and satisfaction level of the people. The Researched interviewed 60 service seekers people in different categories which are mentioned below:

Table 4. Application of Mutation

Question: Do you know how to apply for mutation of a land? Sl No. Type Frequency rate Percent 1 Yes 28 46.66 2 No 32 53.34 Total 60 100.00

Here it is found that only 47 percent know the application procedure of mutation and other 53 percent do not know the procedure.

Table 5: Fees for Mutation

Question: Do you know how much fee for mutation? Sl No. Type Percent 1 Accurately Know 35 2 Do not know 45 3 Wrongly know 20 Total 100.00

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In this regard, the table shows that the knowledge of the service seekers about fee of mutation is also poor. The researcher found that only 35% of the people know the fee rightly and 45% do not know it. Other 20% of participants’ asserted that they know it, but replied wrongly.

Table 6: Govt. circular regarding Tax, Fees for Registration and Mutation etc.

Question: How much aware of the govt. circular you are? Sl No. Type Frequency rate Percent 1 Briefly knows 8 13.33 2 Marginally knows 11 18.33 3 Sub total 17 31.66 4 Do not know 43 68.34 Total 60 100.00

The figure shows that most of the participants interviewed do not know what the circular is. However, the figure shows the result at a glance.

Table 7: Time taken for Mutation

Sl Land Date of Date of Total time Case No. Mauza No. (Decimal) application Disposal taken 1 Boalia- 326/14-15 04.06 Kazla 04.08.2014 18.9.2014 44 days 2 Puthia-102/13-14 12.05 Banesswar 12.3.2013 10.6.2013 88 days 3 Tanore-73/17-18 33.00 Mahor 01.7.17 13.8.2017 45 days 4 Paba-1728/17-18 66.00 Mohonpur 19.9.17 22.10.2017 33 days 5 Godagari-13/15-16 33..00 Vatopara 24.5.15 13.9.2015 110 days 6 Bagha-51/16-17 16.00 Nandongachi 05.12.16 13.3.2016 128 days 7 Durgapur-25/15-16 22.00 Durgapur- 11.11.15 27.1.2016 76 days 8 Charghat-21/12-13 33.00 Charghat 12.2.12 16.4.2012 64 days 9 Bagmara-17/14-15 45.00 Bhabanigonj 30.10.14 18.12.2014 48 days

Table 8: Satisfaction Level

Question: How do you satisfied with the service delivery system by the Land offices? Sl No. Type Frequency rate Percent 1 Quite satisfied 12 20 2 Poorly satisfied 17 28.33 3 Dissatisfied 31 51.67 Total 60 100.00

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Table 9: In respect of Suits/Case

Question: Do you have you any suit/case about your land? Sl No. Type Frequency rate Percent 1 Suit/case pending at the Court 40 66.67 Suit/case pending at the AC (Land) 2 11 18.33 office Informed/complained to the local 3 5 8.33 Chairman/Member 4 No suit/case 4 6.67 Total 60 100.00

Recommendations: The following suggestions may be taken to develop a smooth Land Management System in an appropriate way in Rajshahi District of Bangladesh: (a) The Land Management system should be upgraded to ensure the right of the common people in accordance with the National Land Use Policy 2001; (b) For the smooth Land Management System, Digital Land Record, E-mutation, E-miscellaneous case, E-Tax system is very important. Digitization of all maps and land related govt. documents play a vital role in this case. Although it has not yet implemented but process has already been started partially in Rajshahi District; (c) Modernization of Land Management and Land Administration is essential. It is indispensable on registration office; AC (Land) office about documents mutation and others purposes to modernize; (d) Up to date circular in regard of tax must be notified properly. A ‘tax calculator’ may be introduced for this purpose; (e) Distribution of khas land and other lands must be with the supervision of high powered committee and Necessary steps have been taken in this regard. For example, serving notice to remove illegal construction, hearing was held at Paba AC (Land) office [21]. (f) To reduce the harassment of the people, an Information technology may be introduced; (g) To arrange adequate training and introduce of ‘Land service week’ is very essential. Wifi zones and hot line service may be introduced; (h) The Land Management System should be more digitalized and flexible to the common people. This system should be introduces as three in One. That is Land Management; Land Settlement and Land Registration must be brought under one umbrella and must be separated from administration.

Conclusion: The piece of land of Bangladesh owns independence two times for many reasons-firstly on 14 August 1947 and secondly on 26 March 1971. To achieve the independence, this piece of land enclosed with blood of martyrs. The people of the country are mostly expressive and optimistic. Now, it is the time to reform the British system that is Land Management System. This should be introducing under one umbrella in lieu of three Ministries. All land related activities should confer to the Ministry of Land as a part of Digital Bangladesh. Land survey, deed writing, issue certified copy, preparation of RoR, maps and all land revenue functions, land management functions have to confer to the technical expert and land experts from Union, Upazila, District, Division and national land administration authorities. Thus, a digital land management system will develop within a shortest period of time.

References [1] A successive government means the govt. who came to power and ruled the country in different regimes from British period to present time.

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[2] Sheikh Salauddin, Land Rights and Poverty Alleviation Bangladesh Legal Aid and Services Trust (BLAST), p.04. (2005). [3] M. Atikur Rahman, Land Management in Islam: Bangladesh Perspective, Islamic Foundation Bangladesh, , p.17, see Abdul Malek, Land Survey and Land Management according to Quran, Att Tahriq, vol.2, 2015. [4] Section 2(16) of the State Acquisition and Tenancy Act, 1950. [5] Section 3 of the Transfer of Property Act, 1882. [6] Section 3(25) of the General Clauses Act, 1897. [7] Article 42(1) of the Constitution of the People’s Republic of Bangladesh. [8] Sweet & Maxwell, Osborn’s concise Law Dictionary, 12thed, ISBN 9780414023208. [9] Mohammad Ikbal Hasan, Land administration in Bangladesh: Problems and analytical approach to solution’ International Journal of Law, ISSN: 2455-2194, RJIF 5.12, Volume 3; Issue 2; P. 44-49, March 2017. [10] There are various kinds of Registers at AC (Land office. AC (Land) is responsible for keeping and maintaining these Registers according to Article 356 – 387 of the Land Management Manual, 1990. [11] Section 17 of the Registration Act, 1908. [12] Near about 10 months AC (Land) was not posted at Tanore Upazila during the period of January to October 2017 and UNO Md. Alamgir Kabir was In -Charge of AC (Land) during November 2017 at Paba Upazila. [13] Md. M. Rahman, Islam, Sirajul, Ahmed, "Rajshahi District" A. : National Encyclopedia of Bangladesh, Second ed, Asiatic Society of Bangladesh (2012). [14] ‘Office friendly people’ are a third party who frequently visits Land offices to act on behalf of the real owner. [15] Ref/Memo circular no.-Ministry of Land/Ref-o9/(Misc)/13/09-385, Date: 05-04-10. [16] Source of data: Office the ADC (Rev) of Rajshahi District, 27 December 2017. [17] Section 7 of the Land Reforms Ordinance, 1984. [18] The daily Sunshine, Rajshahi, 19 May 2018. [19] Source of data: the Register of the concern Civil Court of Rajshahi District, 2017. [20] Source of information: Interview schedule (Survey of Research) with ADC Revenue, Rajshahi District, 17 January 2018. [21] Ref no. 00.43.8100.72.000.005.030.16.3772 dated 26 October 2017, www.acland-pabarajshahi.gov.bd. For more details see Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970.

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