Abstract

LAW OF VESTED/ENEMY PROPERTY IN BANGLADESH: AN ANALYTICAL APPROACH

Mohammad Ikbal Hasan

Volume: 6 Issue: 3 2016

Abstract:

In Bangladesh we have enormous lands which have been possessed as vested properties since long. The Vested Property derives from the “Enemy Property”, under the provisions of the Enemy Property Act (EPA) promulgated in Pakistan following a brief war between Pakistan and India in 1965.The Laws on Vested Property in Bangladesh have long been criticized as a major violation of the rights of citizens, especially minorities, who have had property seized in the past simply on leaving the country. The EPA was directed against those perceived as enemy, and was used as an instrument for appropriating land belonging to Hindus accused of supporting India. After Bangladesh had earned independence from Pakistan, the act was converted into Vested Property Act without altering the contents of the law. Finally, Government tabled a new law i.e. The Vested Property Return Act, in 2001, fixing a 180-day time limit to prepare a list of the properly documented as vested property in order to take steps to restore falsely seized lands. But the subsequent government by the end of 2001 amended the bill replacing the 180-day deadline with an 'indefinite period'. So, the list was not completed until the amendment of the act in 2011 to restore the enlisted enemy/vested properties to the really interested persons. At present, the restoration process of the vested property is going on in compliance with the amended law. This paper will point out the evolution of the law on vested property along with its questionability and analyze its present context.

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