The Permanent Settlement System of 1973 was never in vogue in the Chittagong Hill Tracts region. The Land Management System in Chittagong Hill Tracts is not as similar as the Land Management System of the rest of the country. Since time immemorial, the CHT land management system was administered in a different way from the plains of Bangladesh. In Mughal period, the Chittagong Hill Tracts region was known as Karpas Mahal. Thus, before 1860, the internal administration of the Chitagong Hill Tracts was in the hands of two Hill Chiefs, assisted by a number of subordinate village officials who were known as Headman and Karbari. These Chiefs were independent of each other.
During the whole period of the Mughals and East India Company's rule the Chittagong Hill Tracts region had never been under their direct control. Sepoy Mutiny was over in 1858. Then in 1860, the Chittagong Hill Tracts region came under direct control of the British rule. The Chittagong Hill Tracts (present Rangamati, Khagrachri and Bandarban Hill Districts) was constituted into a separate district by Act XXII of 1860. The new district was placed under the control of an officer with the designation of Superintendent of the Hill Tracts. Captain Magrath was appointed as the First Superintendent of CHT in 1860. Following the spirit of Indian Council Act, 1861 the Govenment of India Act, 1870 (for the administration of backward tracts) and Scheduled District Act of 1874, a few rules were prescribed for the guidance for the administration of civil and criminal justice, the collection of revenue and protection of land right and traditional lifestyle of the tribes of the Chittagong Hill tracts. In 1884, under the Territorial Circles of the CHT, the land of CHT was divided in four circles – the Chakma Revenue Circle, the Bomang Revenue Circle, Mong Revenue Circle and Khas Mahal. But very soon, experience proved the Khas Mahal to be a complete failure as an administrative unit and they were abandoned.
In 1900, the British Government enacted the Chittagong Hill Tracts Regulations, 1900 which can also be considered as the backbone of land management system of CHT. According to the regulation, the district was finally divided into four circles- the Chakma Circle, the Bomang Circle, the Mong Circle and Government Forest Reserve. The Land Management system of CHT is mainly regulated under the Chittagong Hill Tracts Regulation, 1900. From section 34 to 50 of the Regulation describes the land management system of the CHT. However, many amendments have been brought to the rule 34 during the course of the last part of the twentieth century. According to the Regulation, the Capitation Tax is a unique levy on the Jumia tenants which has no parallel in other parts of the country.
Afterwards, with the creation of three local government councils in three Hill Districts under the Local Government Council Act, 1989 the Councils were involved with the land management system. Then after the signing of the CHT Accord, the three Hill District Councils have been delegated a great extent of power in the land management system. Under section 64 of the Hill District Council Act, 1989 the Hill District councils have been vested with the power of giving prior approval in case of any sort of lease, purchase, sale, transfer or acquisition of the land in the region. Moreover, according to the section 65 of the same act, the councils are vested with the power of collection of land development taxes. A unique type of tax is found in CHT called Capitation Tax (Jhum Tax).
In addition to above mentioned laws and regulations, there are some other exceptional land laws which are only applicable in CHT like the Bazar Fund Rules, 1937 for administering the hat-bazars and other lands and establishments within the Bazar Fund area, Chittagong Hill Tracts (Land Acquisition) Regulations, 1958 for the land acquisition system in CHT etc.
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