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Monday, April 09, 2001

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Bangladesh bill to return vested property to Hindus passed

By Haroon Habib

DHAKA, APRIL 8. The Bangladesh Parliament has unanimously adopted ``The Vested Property Return Bill, 2001,'' creating provisions for the return of certain listed vested property to its actual owners or their Bangladeshi successor or successor-in-interest.

The passage of the bill today is seen as a bold step by the Sheikh Hasina Government to scrap the ``black law'' enacted in the midst of the 1965 India-Pakistan war with the sole objective of suppressing the Hindu minority community.

The leaders of the minority community, including the secular, political and other forces have been demanding the repeal of the law for decades. The Hasina Government has finally repealed it after a thorough scrutiny fearing repercussions. The Cabinet agreed in principle for its repeal months ago.

The State Minister for Land, Al-haj Rasheed Mosharraf, moved the bill, which was adopted by the House as no amendment was moved. Notably, the Begum Khaleda Zia-led opposition alliance has been abstaining from the House for about two years, though Gen. Ershad's Jatiya Party returned to Parliament a few days ago risking the formal expulsion from the mainstream Opposition combine.

Under the bill a ``Vested Property Return Tribunal'' will settle applications for the return of listed vested property to its actual owner or his or her Bangladeshi successor-in- interest. The bill will repeal the Enemy Property (Continuance of Emergency Provision) (repeal) Act of 1974.

After the emergence of Bangladesh, the Sheikh Mujib-ur-Rahman Government replaced the word ``enemy'' with ``vested'' property in the law, but could not repeal it because it was toppled in 1975. Though the ruling Awami League has repealed the law, its repercussions, including litigation problems, are yet to be seen.

The bill provides that some listed property, now vested in the Government, would be returned to the original owners or their Bangladeshi successor or the successor-in- interest of the original owners or their successors. It, however, proposed that the occupant of vested property, be it the Government or someone authorised by the Government, would be allowed to remove any structure or movable assets from the vested land. In case of the Government having acquired a vested property, its owner would be duly compensated.

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