BRIEF HISTORY OF KHATIYAN (RECORDS OF RIGHTS)
Md. Firoj Uddin:
The history of Khatiyan (Records Of Rights) of Bangladesh can be divided in following periods like (1) Ancient Hindu Period [Before 1357], (2) Muslim Period [Saltan’s regime -1587] & (3) English Period [1763-1950.
In Ancient Hindu period, people could be owner of land just chopping the jungle.An agriculture lands were owned by farmers permanently.There is no Land Lord or Middle man.
In Muslim PeriodSaltan’s regime revenue was collected by Land Lord.In 1357-1389 for the 1st time survey was done by Sekandar Shausing “GOJ”.Then Sher-Sha again in 1540-1545 surveyed the land and he had ruled that 1/4 of produced crops shall be returned as revenue.In 1582-1587 again Finance Minister of Emperor Akbar,Todormolmetering the land but in this time1/3 of produced crops returned as revenue.
In English Period from 1763-1782 Major JhonRenelcompleted survey in an organized way and made a “Nocksha”.East India Company in 1765 got the authority of collection of land revenue from the Dilhi Emperor Sha Alam in exchange of 26 lac taka yearly.In 1769-1770 (1176 in Bangla) an acute famine was spread out.Then in 1772 Warrent Hastringlaunched “Passshala Bondobostho” of land.Lord Corn Walisin 1790 launched “DoshsalaBondobostho”ofland.But Lord Corn Walisin 1793 launched “Permanent Settlement” of land.In 1857 “SipahiBidroho” and public unrest was demonstrated against East India Company.In 1859 Rent Act was enacted to develop the relation between Land Lord & tenant.
Survey Act, 1875 was enacted for the purpose of settlement of Border conflict of land and to prepare the design (Nocksha) of land.In 1879 Rent Commission was constituted and later on in accordance with the report of the Commission Bengal Tenancy Act1, 885was enacted. By this enactment tenant’s rights in land was established and a rights based Record of Rights (CS Khatian) was prepared.In 1938 Flawood Commission was constituted and Land Lord Custom was abolished. Based on this situation the State Acquisition Act, 1950 enacted.Based on the State Acquisition Act, 1950 SA Khatianwas prepared determining the ceiling of land.After 50 years of SA KhatianRS Khatianwas prepared.
Khatian may be two typed like (1) Survey Khatian/JareepKhatiyan& (2) Mutation Khatiyan. Survey Khatian/JareepKhatiyanwhich is prepared through land survey is called Survey Khatiyan. Each Khatiyan is given nomenclature according to name of survey i.e CS, RS & SA. On the other hand Mutation Khatiyan means the legal process of recording the name of the new owner of a land, by amending and updating the Khatiyan, for the convenience of paying land development tax.
CS Khatiyan: It is called Cadastral Survey. This Khatian was prepared under Bengal Tenancy Act, 1885. For preparation of this Khatian Survey was started from Ramu, CoxbazarUpzila in 1888 and ended in 1940 in Dinajpure.
SA Khatiyan: This Khatiyan was prepared under State Acquisition and Tenancy Act 1950. Actually this is not a practical Survey or this is not based on field survey. This Khatiyan was made on the information was given by the Zamindar or Landlord. SA Khatiyan means State acquisition Khatiyan or Settlement Attestation. It is also known as PS Khatiyan or Pakistan Survey Khatiyan. This is not an authentic Khatiyan.
RS Khatiyan: After 50 years of SA Survey Khatian another survey was held on. This survey is called Re-visional Survey and Khatian prepared from this Survey is called RS Khatian. Purpose of this Survey was to update the amount of land, owner name and possessor’s name. It is more authentic then the SAKhatian.
BS Khatiyan: This is the more authentic Khatiyanthan all others Khatiyans. A survey was started on 1970 which is continuing till now. This survey is known as Bangladesh Survey and the Khatiyan made from BS survey is known as BS Khatiyan or Bangladesh Survey Khatiyan.
A Khatian contents following particulars:-Rule-Tenancy Rules,Plot No- Partial or Complete,Name of owner, Father’s Name of owner, Address of the owner or owners, Portion of a owner, Total amount of land, Class and nature of land, Location of land, Easement Rights, Amount of land development tax payable, Mode of paying tax, Rights and obligations oftenant&Rent free status etc.
Generally Document for identification of land is called Khatian. Khatiyan is a “Persian”word, in English it is Called “Records of Rights” but we commonly know it as Sottolipi or Porcha. But in legal points of view Document which has been prepared through survey or mutation for the purpose of determination of Possession; Ownership & Assessing Land Development Tax; is called Khatian. SoKhatiyan (Records of Rights) actually contains record of rights but this is not a deed of ownership. No one can claim ownership of any land just based on Khatian.
Writer: Lawyer
firojlawru@gmail.com
