Settlement of Khas Land & It's Application Procedure

Khas land is a kind of Public property or State-owned property. That means property that is owned by the State on behalf of the people through the creation of an efficient and dynamic nationalized public sector embracing the key sectors of the economy. The term ‘khas’ derives from Arabic meaning exclusive, special or personal etc. During the Muslim period ‘khas land’ was known as the land which under the direct control and management of the government.

According to The State Acquisition & Tenancy Act, 1950, the term ‘khas land’ was taken to mean and include land under the direct control and management of the government or land in khas possession of any person through a lease not in perpetuity.

Khas Land Register:

We know that khas land is recorded in the khatiyan no. 1 in the name of the collector in the Register VIII. We also know that all lands recorded in the Register VIII are not enlisted for settlement. Four kinds of land are mentioned in that Register, namely,

1.      Khas land which is for public use e.g. roads, ponds, bridge, etc.

2.      Khas land which is capable of settlement as sairat or agricultural land.

3.      All the particulars of property which the government has purchased or acquired or got control by way of being abandoned or vested upon the government through the operation of enemy property law or voluntary leaving.

4.      Khas land gained by diluvion or alluvion.

Settlement of Land Vested in the Government:

 According to Section 76 of The State Acquisition & Tenancy Act, 1950, if any land vests in the government under any of the provisions of The State Acquisition & Tenancy Act, 1950, it shall be absolutely at the disposal of the Government. It means that the Government shall be suitable To make settlement of such land or To use or Otherwise, deal with such land under such rules as it thinks fit.

The Government has made two policies to deal with the khas land and its settlement, namely,

                                i.            The Agricultural Khas Lands Management and Settlement Policy, 1997

                              ii.            The Non-Agricultural Khas Lands Management and Settlement Policy, 1995

Preference List for Settlement:

Person who has got less than 60 standard bighas of land are eligible for getting a settlement of khas land but preference will be given to persons who have less than three acres of land and who are bona fide cultivators. According to The Agricultural Khas Lands Management and Settlement Policy, 1997, it is said that preference will be given to the landless families who have not got any land at all but got 10 decimals or less of the homestead and the families depend on agriculture working either as an agricultural laborer or a bargashasi. There is another preference list in The Agricultural Khas Lands Management and Settlement Policy, 1997. They are as follows:

a)      A poor family of a freedom fighter;

b)      Family losing all lands due to the recess of the river;

c)      Family of the poor widow or a lady left by the husband or a poor family having no support;

d)     Family having no agricultural land but having 10 decimals or less of homestead;

e)      Family losing all lands due to acquisition of land.

Application Procedure:

There are three tier committees entrusted with the work of management and settlement of khas agricultural lands, namely,

1. National Executive Committee for the management of agricultural khas lands.

2. District Committee for the management and settlement of agricultural khas lands.

3. Upazila committee for the management and settlement of agricultural khas lands.

Upazila Committee within 30 days of its formation identifies khas lands fit for settlements, publishes lists and makes widespread publicity. Objections can be made to the Committee within 30 days from the date of publication of list and objections will be heard and disposed of within 15 days on examining all documents and publishes new list if necessary. An appeal can be made to the District Committee if aggrieved of the decisions appealed to the National Committee as well.

Applications are called with one month from the date of final publication of the list of identified khas lands. Landless applicants need to apply to the Member-Secretary i.e. A.C. Land in the prescribed application form provided by the Government along with-

1. Two photographs attested by the Union Parishad Chairman concerned;

2. Permanent and present address;

3. Citizenship Certificate provided by the UP chairman concerned.

In making settlement, the following formalities require to be compiled with:

a)      The member-Secretary (A C Land) will sort out the applications by union wise.

b)      The Upazila Committee will meet in each UP and make the applicant present and interrogate and examine him and thus sort out the application primarily.

c)      The Upazila Committee, if feels necessary can personally inspect and verify the authenticity of the application and will select the landless family.

d)     Sorting out applications and settlement are made within one month from the date of receipt of applications.

e)      On sorting out applications and making settlement, AC (Land) prepares proposal for settlement case record and submits it to the UNO within 21 days.

f)       On receiving proposal the UNO forwards it to the DC within 21 days.

g)      On receiving proposal the DC forwards it to the District Committee within 30 days and after getting decision of the Committee, the DC approves it and returns to the AC (Land).

h)      On getting the approved proposal the AC (Land) must execute kabuliyat in favor of the receiver within 15 days for Tk. 1 as salami, gets the land registered and opens a khatiyan in the name of the receiver.

i)        On the execution of kabuliyat the receiver gets into the possession within 15 days.

j)        A family can get highest one acre of land excepting one and half in case of a person in the coastal areas.

k)      Khas lands will be provided with in the name of the husband and wife jointly.

l)        It has not been transferred except by inheritance and in violation it will vest in the government again.

m)    Khas lands of one mouza will be provided to persons of that mouza and in excess, it will be provided to the next mouza and then to the next Upazila but the decision has to be taken by the District Committee.

n)      In the case of alluvion, until the Diara Survey takes place the DC will ensure the accuracy and authenticity of the sketch map and make settlement of the khas lands provisionally and after Diara Survey settlement has taken place, cases need to be adjusted.