7/30/2019 13 Point Amendment Proposals

1/2

13-point proposal for amendment of CHT Land Dispute Resolution Commission Act of 2001 adopted in theInter-ministerial Meeting held on 30 July 2012 with the Law Minister in the chair

Sl. Amendable Sections of the Act Recommendations of CHTRC & MoCHTA

1. Preamble Para 4 Line 3: Hill District Committee andParbatya Jana Samhati Samiti .. signed an Agreement

The National Committee on CHT andParbatya Chattagram Jana Samhati Samiti ..

signed an agreement

2. Section 3(2)(d): Circle Chief of the concerned circle, ex-officio;

Section 3(2)(d): Circle Chief of the concernedcircle, ex-officio or his represetativenominated by him;

3. Section 6(1)(a): To settle the land related dispute of therehabilitated refugees in accordance with the existinglaws and customs in the Chittagong Hill Tracts;

Section 6(1)(a): In addition to quicksettlement of the disputes of lands of therehabilitated tribal refugees to settle, alldisputes of lands, which have been illegallygiven in settlement and occupied inaccordance with the existing laws, customsand usages of Chittagong Hill Tracts;

4. Section 6(1)(b): The claim and rights of the petitioner or

the opposite party on the land referred shall be settledand if necessary, restored underthe existing laws andcustom of Chittagongs Hill Tracts;

Section 6(1)(b): The claim and rights of the

petitioner or the opposite party on the landreferred shall be settled and if necessary,restored under the existing laws, customand usages of CHT;

5. Section 6(1)(c): Any land has been given in settlement inviolation of the existing laws of CHT, shall be cancelledand if any lawful owner has been illegally occupied onaccount of such settlement shall be restored:

Provided that, this sub-section shall not be applicable incase of Reserved Forests, Kaptai Hydroelectricity Projectarea, Betbunia Earth Satellite Station, state-ownedindustries and land recorded with the Government or

local authorities.

To replace Section 6(1)(c) with: Any landhas been given in settlement in violation ofthe existing laws, custom and usages ofCHT, shall be cancelled and if any lawfulowner has been illegally occupied on accountof such settlement shall be restored:

and

to omit Provided that, this sub-section shallnot be applicable in case of ReservedForests, Kaptai Hydroelectricity Project area,Betbunia Earth Satellite Station, state-ownedindustries and land recorded with theGovernment or local authorities.

6. Section 7(3): Attendance of the Chairman and anothertwo members on the meeting shall be necessary formaintaining quorum and the Chairman of the commissionshall preside over all meetings.

Section 7(3): Attendance of the Chairmanand another three members on the meetingshall be necessary for maintaining quorumand the Chairman of the commission shallpreside over all meetings.

7. Section 7(4): If any agenda remains unresolved in anymeeting that can be presented for consideration andresolution in any of the subsequent meeting and this shallnot be held up on the ground that the members who werepresent in the earlier meeting have remained absent andthe decision on this issue shall not be illegal.

Section 7(4): If any agenda remainsunresolved in any meeting that can bepresented for consideration and resolution inany of the subsequent meeting and however,notices shall be delivered to all members andthe matter shall not be held up on the groundthat the members who were present in theearlier meeting have remained absent andthe decision on this issue shall not be illegal.

8. Section 7(5): Chairman shall take decision on the basis ofdiscussion with other members present on the areas of

Section 7(5): Chairman shall take decision onthe basis of discussion with other members

7/30/2019 13 Point Amendment Proposals

2/2

its activities along with the matter stated in section 6(1)unanimously and in case decision is not unanimous hisdecision shall be treated as the decision of theCommission.

present on the areas of its activities alongwith the matter stated in section 6(1)unanimously and in case decision is notunanimous decision of majority including thechairman shall be treated as the decision ofthe Commission.

9. Section 9: Submission of petition of the commission Section 9: Submission of petition to thecommission

10. Section 10: To add a new sub-section (4). To add new Section 10(4) after section 10(3):The applicant, in interest of having proper

justice can apply, before disposal of thematter, at any time to amend his/her petition.

11. Section 13: To insert a new sub-section 3. To add new Section 13(3) after section 13(2):Secretary, officers and employees of theCommission, under this sub-section, shall beappointed priority given to the tribal personsof the Hill districts.

12. Section 18: The Government may, for achieving theobjectives of the Act, can formulate, through gazettenotification, rules, in consultation with the Council, within6 months of framing the Act..

Section 8: The Government may, forachieving the objectives of the Act, canformulate, through gazette notification, rules,in consultation with the Council, as soon aspossible of the framing of the Act.

13. To insert a new section 21. Section 21: Inclusion of Functions of theLand Commission into CHT Affairs Ministryand it will be enforced soon after enactmentof this law.