Souvenir - CHT-Regional Council

Souvenir
One
Decade
Chittagong Hill Tracts Regional Council
Head Office: Rangamati, CHT, Bangladesh.
Phone: 00-88-0351-63120
Fax: +88-0351-63278
E-mail: chtrc@yahoo.com

Published: 2010 A.D.
Published by:
Chittagong Hill Tracts Regional Council
A CHTRC Publication Published on the Occasion of marking the Celebration of One Decade of CHTRC

Message
I am delighted to extend my warmest greetings to the Chittagong Hill Tracts Regional
Council on the occasion of the tenth anniversary of its establishment. Whilst operating
in an open challenging and sensitive environment, the CHT Regional Council has
succeeded in representing the rights and interests of the people of the CHT with vigor
and commitment. With efforts to implement the CHT Accord gathering peace, the role
of the Regional Council will become ever more pivotal, and I wish all the members of
the Council every success in the future discharge of their duties.
Dr. Stefan Frowein
Ambassador
Head of Delegation
Delegation of the European Commission to Bangladesh

(i)
Abbreviations
AusAID
AL
BNP
CHT
CHTDB
CHTRC
CHTAIC
CARE
CMLA
DC
DANIDA
DFID
GoB
HDC
HDLGC
JICA
LGED
MSF
MoCHTA
MDGs
NGO
PCJSS
SP
USAID
UNESCO
UNDP
Australian Aid for International Development
Awami League
Bangladesh Nationalist Party
Chittagong Hill Tracts
Chittagong Hill Tracts Development Board
Chittagong Hill Tracts Regional Council
Chittagong Hill Tracts Accord Implementation Committee
CARE Bangladesh (Abbreviation not in use)
Chief Martial Law Administrator
Deputy Commissioner
Danish International Development Agency
Department for International Development
Government of Bangladesh
Hill District Council
Hill District Local Government Council
Japan International Cooperation Agency
Local Government Engineering Department
Meridian Sans Frontiers
Ministry of Chittagong Hill Tracts Affairs
Millennium Development Goals
Non-Governmental Organization
Parbatya Chattagram Jana Samhati Samity
Superintendent of Police
United States American Aid for International Development
United Nations Educational Scientific and Cultural Organization
United Nations Development Program

CONTENT
(ii)
Sl. Particulars Page
01 Abbreviation
02 Content
03 Map of CHT
04 Foreword
05 Introduction
06 Geographical location of CHT
07 Pre-British Administrative System
08 CHT Under British Rule (1787 – 1947)
09 CHT in Pakistan (1947 – 1971)
10 CHT in Bangladesh
11 CHT Under the First Phase Martial Law Administration (1975 – 1981)
12 CHT under the Second-Phase Martial Law Administration (1981 – 1991)
13 CHT during the BNP-led Government (1991 – 1996)
14 CHT under Awami League-led Government (1996 – 2001)
15 Impact of the CHT Accord
16 Post-CHT Accord measures
17 CHT Under BNP-led Government Again (2001 – 2006)
18 CHT During the Caretaker Government (2007 – 2008)
19 CHT under Awami League-led Government (2009 – )
20 CHT Regional Council: An innovation of an Administrative System
21 CHTRC: A Unique Administration System in CHT
22 Present Status of CHTRC
23 Role of CHTRC towards framing Rules & Regulations
24 Measures that could make CHTRC more effective
25 Conclusion
Annexure:
(i) CHT Accord, 1997
(ii) CHTRC Act, 1998 (Act 12 of 1998)
(iii) Organogram of CHTRC (Approved)
(iv) Charter of Five-Point Demands
(vi) Charter of Five-Point Demands [Modified]
(vii) Album

(iii)
Foreword
CHT in Bangladesh is not only endowed with the gifted natural resources of fertile
soil, water bodies and forests but also enriched in diverse ethnic groups having
distinctive history, culture, tradition, language & scripts of their own. With the
passage of time, CHT underwent significant geo-political and environmental
changes over the centuries together. The history reveals that CHT has been being
governed under different administrative systems in different courses of time that
began since the British domination in this region. For many occasions the Laws,
Rules, Regulations, Ordinances and gazette notifications have been introduced with
occasional amendments to those as to serve the purposes of the ruling authorities in
administering the region. The concept of new administrative system for CHT came
into existence in the form of political demand raised by the indigenous leadership in
the early 1970s.The present self-governing system in CHT is a result of the
continuity of such movements, which has been given a legal status through the
enactment of new Laws and Regulations in 1998.Therefore, it is essential to have a
study on the gradual changes in the administrative system of CHT that have been
being enacted over the centuries so as to obtain a vivid picture of the present.
On 27 May 2009, CHTRC had its Celebration on completion of its First-Decade in
an unostentatious but blended with solemn spirit of the CHT Accord-1997, as it is an
output of the historical event, itself. This Souvenir marks the occasion of One Decade
Celebration of CHTRC. It bears a brief account of the historical background of CHT
in light of its gradual changes in the introduction of Administrative Systems for the
centuries under which it has been being governed since having an access to the
governing system of the modern civilization.
The ‘CHT Accord 1997’ is construed to be one of the remarkable achievements of
our nationhood, a milestone towards cultivation of democracy in decentralized
manner and a silver ray of hope and confidence to the indigenous Hill peoples of
CHT. The Accord, as a political solution to the longstanding CHT crisis, did earn
unprecedented recognition, support and confidence of the international communities
as well; and with this, the armed conflicts that had lasted for more than two decades
came to an end with a prompt response. But it is a regrettable fact that CHT still
suffers from the aftermath consequences due to non-implementation of the core
issues of the Accord as yet.
The CHTRC, throughout its journey for the last decade, has experienced that the
mental set up of our civic polity including that of the state machineries has not been
compatible enough to match the democratic spirit heralded in through the signing of
the CHT Accord on 2 nd December 1997. It is rather paradoxical to note that the
inherent colonial stand and outlook of our civic polity aptly manifest its chauvinistic
conservatism that unmistakably gets spelled in the general attitude, formulation of
national policies and their applications to CHT. Consequently, the diverse feature of
our nationhood abjectly suffers at every step. But apparently, our civic polity is often
seen not being enough interested in addressing the unwelcome consequences arising
out of such non-compatibility. Even to this day, while the modern world tends to
define the anthropologically-ethnic-minority humanities as the ‘Indigenous peoples,’
which is obviously ‘a switch over’ from the term ‘tribes’; our civic polity including
the high brows in the state machineries still nurture a backdated outlook over the
application of the words ‘Indigenous peoples,’ when it comes with the case of at

(iv)
least 46 numbers of ethnic minority peoples living in different parts of the country.
Herein lay one of the reasons of why commendable progress towards democracy
could not be made possible so far and also as to why this south-eastern region and
the ‘peoples’ living therein have been left stranded for a period of yet one more
decade even after signing of the CHT Accord.
The introduction of CHTRC has been a great achievement and also a matter of
deriving proud for our People’s Republic as being an institution striving for
institutionalizing the democracy ever since her very birth. The formation of CHTRC
as per the CHT Accord, 1997 has been a straight recognition of human rights of the
indigenous hill peoples living in CHT and of course, also an encouraging indication
to the rest of the ethnic indigenous peoples living in other parts of the country. The
CHTRC is a statutory body entrusted with specific powers and functions; a
mechanism that has been designed to supervise and coordinate, among others, the
activities performed by the HDCs and other administrative and development
agencies; the activities of local governments, the municipalities, the activities of
CHTDB, General Administration, Law & Order, development programs including
the tribal tradition (customary laws, rites, rituals), practices, and social justice,
issuance of licenses for setting up heavy industries in the hill districts, disaster
management and relief work and NGO activities in the hill districts.
CHTRC believes that it could be an effective administrative mechanism for ensuring
unified efforts of the self-governing local government system through supervision
and coordination of their functions. Hence, the introduction of CHTRC has not been
merely an innovation but could also be a Role Model of decentralized local
government system in addressing the ethnic issues and at the same time, it has been
a positive response to the ILO Indigenous & Tribal Population Convention, 1957
No. 107, ILO Indigenous & Tribal Peoples’ Convention, 1989 No.169 and the UN
declaration of the ‘Second Decade of the World Indigenous Peoples’ as well.
CHTRC would like to put to record its thanks and gratitude to UNDP-CHTDF for
extending its support in publishing out this Souvenir.
CHTRC also expresses its thanks and gratitude to all its Members, staff and
individuals who spared their valuable times in preparing this publication in all
respects.
(Jyotirindra Bodhipriya Larma)
Chairman
CHT regional Council

Introduction:
1
Rare is the case in the history of human civilization where a place, simply
because of its geographical location and topographical appearance, is found to
have become a part of the history through undergoing straits of geo-political
changes and thus getting renamed with the changing of ruling powers. CHT
finds its rank among such places that bear a saga of inexplicable sufferings of
her peoples. The chronological history of the British rule over the Asian Sub-
Continent records that the region was renamed as CHT in 1860 – a name after
its topographical appearance and location as the hinter land of Chittagong Port
under the British administration. Especially, CHT had been put under different
administrative systems with special status through the enactment of Laws,
Rules, Regulations, Ordinances and Gazette notifications, which continued to
exist till 1947. After partition of British India, CHT was basically left with
only the CHT Regulation, 1900 to be governed under special administrative
system. Frequent amendments were also brought to the Regulation before and
during the post-independent period of Bangladesh alongside the enactment of
fresh Laws, Rules, Regulations, Ordinances and Gazette Notifications, with an
intention to preserve and protect the rights of the indigenous peoples under the
administrative system. But so far, these efforts could not yield in the expected
results.
CHT has been brought under the latest-ever administrative system formulated
on the basis of the new concept offered through the CHT Accord, 1997 that
could put an end to the more than two-decade-long-armed conflict having
signed on 2 nd December 1997. Accordingly, in the later days, the Laws, Rules
and Regulations framed applicable to CHT came to existence. But due to lack
of follow up measures, the enactment of these laws, rules and regulations has
given rise to complexity arising out of conflicting and overlapping phenomena,
which has become prime concern for ensuring smooth functioning of the new
administrative system. Hence, this legal complication highly deserves to be
addressed through formulation of supplementary regulations including the
other necessary amendments and legal measures so as to make them
comfortably applicable within the perimeter of the CHTRC Act, 1998 with
special reference to the CHT Accord. Besides, the CHTRC, throughout its
services for the last decade, has experienced the implications of shortcomings
and drawbacks stemming out of the lacunae lying with the existing laws, rules,
regulations and ordinances.
Therefore, it is imperative that serious attention with prompt action is
employed to make the new administrative system more effective in
discharging its duties and responsibilities while ensuring democracy, good
governance, transparency and accountability in the administrative system. The
CHTRC, with a high hope, looks forward to having positive response from all
the concerned quarters in this regard.

GEOGRAPHICAL LOCATION OF CHT
2
Location,
Topography
&
Ethnicity
Chittagong Hill Tracts, the southeastern part of Bangladesh with its rectangular
shape occupies an area of 5,093 sq. Miles (13,189 sq. Km) having divided into
three hill districts namely, Rangamati, Bandarban and Khagrachari. It is a hilly
land mass comprising one-tenth part of the main land and can be traced out
between 21º - 40′ and 23º - 47′ degrees north latitude and 91º - 40′ and 92º -
42′ degrees east longitude internationally sharing common boundaries with the
Indian states of Tripura and Mizoram on the north, east and southeast; and
with Myanmar on the southeast and on the extreme south and southwest while
domestically bordered with the plain districts of Cox’s Bazaar and Chittagong
on the southwest and the west. The north-south running hills, which basically,
are the offshoots of the great Himalayan ranges stretching all over the
northeast India including the upper Myanmar, have endowed the CHT region
with a good number of ever-flowing rivers, tributaries and mind-blowing
fountains thus leaving small plain valleys in between the hills and contours
that has made most of the remote areas inaccessible terrains. The peaks as high
as 4332 ft. (Keokra Daung) to 4500 ft. (Tawzing Daung) from the mean sea
level constitute a part of proud-deriving objects of the region, apart from a
good number of Reserve forests and the traditional Mauza Forests.
The CHT, endowed with scenic beauty of hills and flora and fauna, is
populated with over 1.331 million population as per Census 2001. Out of this
population, 0.725 million is indigenous hill peoples while the rest of 0.606
million population is Bengali people with a break up of 0.106 million
permanent residents and 0.500 million settlers. The indigenous hill population
is constituted of altogether 14 ethnic minority groups anthropologically
identified as mostly belonging to the mongoloid stock of origin with an
exception to a specific group called the Santhals. The historians know not for a
certain as to since when the once ‘no man land’ that is now known as CHT,
became a peace abode of the indigenous hill peoples distinctively identified as
the (1) Chakma, (2) Marma (including the Rakhaines), (3) Tripura, (4)
Tanchangya, (5) Bawm, (6) Lushai, (7) Punkhua, (8) Mro, (9) Khumi, (10)
Khiyang, (11) Chak, (12) Gurkha, (13) Asamia and (14) Saonthal. Though
each of these hill indigenous groups is distinct with own history, language,
culture, tradition, heritage, rites and rituals yet they inherit the tradition of a
common economic and social system.
PRE-BRITISH ADMINISTRATIVE SYSTEM
Before the advent of British, the peoples of this region and its suburbs areas
were under the independent rulers of own origin. The map entitled: Descripcao
do Reino de Bengalla sketched by Jao De Barros, a Portuguese sailor
voyaging in sixteen centuries, traces out a place named “Chacomas” at the
upper Karnafuli River – the main water resource of CHT, which the historians
believe it to have been the small kingdom, ruled by the Chakma King – a
monarch internally supreme and externally free from the rule of the Mughals.
In 1712, there had been several encounters between the forces of the Chakma

3
king and Mughal Governor of Chittagong over the territorial disputes that
ended in a peace ‘truce’ by which the peoples of this region were allowed to
take part in the trade and commerce. Thus, this small kingdom could develop
peaceful trade and commerce with her neighbors that widened their access to
the outer world. This led to a tremendous change in the national life of the
peoples of the kingdom. The impact upon the political, social, cultural and
administrative spheres had a pervading affect and so much so that the then
successive Chakma kings, as the mark of Royal Highness, would adopt the
title of ‘Khan’ and even non-secular names in line with the monarchs of the
Mughals. Similar trend could also be found while they had ruled over some
parts of Arakan of Myanmar.
History also reveals that by this time, the extreme southern part of today’s
CHT (centering present Bandarban) used to be ruled by the Bomhang kings
while the extreme northern part (Dighinala and suburb areas) was under the
rule of the Tripura Kings whose territory was extended upto present Comilla in
Bangladesh.
A study over the Pre-British Administrative System under these rulers
indicates that the administrative system of these kings had been more or less in
homogeneity by nature. The administrative system under the Chakma kings
suggests that it had been simple, less formal but quite effective in application.
The tradition of this Administrative System of the Chakma kings did not
collapse to countable extent even during the extreme bad weather in their
national life. The Administrative System of the time would constitute the
Administrators namely, the Talukders, Dewans, Khisas, Roazas and so on as
the local Administrator-cum-Collectors who would assist the kings in the
collection of revenues and in defending the land from the external threats. In
deed, the people who had been fond of liberty and loyalty were the main
source of the royal strength.
CHT UNDER THE BRITISH RULE (1787 – 1947)
Beginning of
the British
Administrati
on
The British dominance over this region started with military expeditions in
1772. This resulted into unbelievable encounters between the forces of the
Chakma king and the British East India Company which ended in a treaty
known as the “Cotton Treaty” signed between the Chakma king and the British
East India Company at Fort William, Calcutta in 1787. In 1860, The British
authority took over the charge of this mini-hill state by renaming it as
Chittagong Hill Tracts (CHT) and reducing its status to a district named
Chittagong Hill Tracts District – the name ostensibly signifies its derivation
from the modern port city Chittagong. Thus, the British rule began with the
annexation of this region in 1860 but till 1900 A. D. no interference with the
internal setup of the region was made as to exercise the imperial administrative
powers and functions. The British regime brought the whole India under rule
in 1867 and in the years of 1873 and 1883, CHT was parted into three Circles
with their respective Circle Chiefs namely, the Chakma Circle, Bomhang
Circle and Maung Circle. Again in 1880, the entire CHT was also fragmented
into 33 blocks to facilitate the Census of 1881.

CHT under
Special Acts,
Rules and
Regulations
Evaluation of
the status of
CHT under
special
Administrati
ve System
1947
Partition:
Annexation
of CHT to
Pakistan
4
In view of the changes in the administrative system in CHT, the span between
1860 and 1935 witnessed a series of enactment of laws, rules and regulations
which were put to effect in CHT, such as, application of the Scheduled District
Act, 1874, the CHT Frontier Police Regulation - 1881, Rules for the Territorial
Circle 1884 and the Rules for the Administration of CHT-1892. However,
following these Acts, Rules and Regulations, the British Government enacted
the Chittagong Hill Tracts Regulation, 1900 (Regulation 1 of 1900) on 13
January 1900. Based on Section-18 of Chittagong Hill Tracts Regulation,
1900, the Rules for the Administration of Chittagong Hill Tracts, 1900 was
also put to effect. These measures accommodated the Circle Chiefs including
the other hierarchical setups with defined powers and functions while ensuring
the prevention of external threats of land grabbing, economic and cultural
exploitations that might be posed by the outsiders of non-indigenous origin.
Later, in 1921, CHT was declared to be one of the British-India Backward
Tracts, which set to be administered by the Governor. But with the passing of
the Government of India Act, 1935, CHT was declared to be an Excluded Area
– a special status for being a backward region and that the region remained
excluded from the political reforms under the said Act.
Therefore, since 1860 to 1935 CHT had been administratively categorized
firstly, as the Scheduled District (under Scheduled District Act, 1874),
secondly, as the Backward Tract under the Government of India Act, 1919 (1)
and finally, with the retention of special status as an Excluded Area under the
Government of India Act, 1935. However, this status of CHT, even though had
been effective in protecting the peoples and natural resources from the instant
external threat of exploitations but at the same time, this administrative
measure kept the region in total seclusion from political, economical and
cultural developments that brought to the other parts of the main land.
CHT IN PAKISTAN (1947 – 1971)
The British rule came to an end through the creation of two nation states based
on religion on 14 th and 15 th August 1947 as per the India Independent Act,
1947. But despite the population being constituted of 97.5% non-Muslims with
2.5% Muslim/Hindu people of Bengali origin (as per Census 1941), CHT was
annexed to Pakistan. Pakistan Authority detailed a Beluch Regiment
detachment, which took the control of CHT hoisting the Pakistan National
Flag on 21 August 1947.
The CHT-related chronological events during Pakistan period started with the
repealing of CHT Frontier Police Regulation, 1881, which followed by
disbanding the CHT Police Force constituted of the indigenous hill peoples in
1948. However, Pakistan retained the British-introduced status of CHT in the
national Constitution as a fully Excluded Area, which was duly passed in the
Parliament in 1956. But later in 1958, Pakistan enacted the CHT Land
Acquisition Act, 1958, which, in practice, stood as quite contravening to the
spirit of the CHT Regulation, 1900. Following this, in 1962, further an
amendment to Section 34 of the CHT Regulation, 1900 was brought in and the
words ‘Excluded Area’ were replaced with the words: ‘Tribal Area’ only to get
the words totally deleted from the Constitution in 1963 without any

CHT
subjected to
repealing of
Special Acts
&
Regulations
Status of
CHT during
Pakistan
period
5
explanations. In 1963, another amendment was brought to Section - 43 of the
CHT Regulation, 1900 while totally repealing Section-44 of the Regulation at
the same time. In 1965, now, the government of Pakistan brought another
amendment to the CHT Regulation, 1900 by repealing Section – 51, which
removed the legal bar for settling the outsiders inside CHT. On the other hand,
the then Pakistan authority constructed a Hydro-Electric Dam across the
Karnafuli River at Kaptai in CHT. The construction of the Dam claimed 54%
(54,000 acres) of arable lands inundated while displacing some 100,000 people
and at times, making some 40,000 people, mostly belonging to the Chakma
community, migrate to India in mid 1960s and some 20,000 other groups of
indigenous hill peoples migrate to Myanmar.
However, the government of Pakistan did not improve the earlier special
administrative status of CHT rather it made the legal provisions, which used to
ensure ‘safe guarding’ as well as special administrative status of CHT null and
void. Instead, CHT was brought under the direct administration governed by
the general laws, Rules and Regulations. Therefore, no hope and longing of the
CHT peoples could have reflected in the CHT administrative system during the
period of Pakistan.
CHT IN BANGLADESH
Bangladesh emerged as an independent nation on 16 December 1971.
Following the independence, the Constitution Draft Committee was formed to
draft the National Constitution on the basis of 4 pillars namely, Nationalism,
Democracy, Secularism and Socialism. On 15 February 1972, a delegation
comprised of local traditional leaders, political leaders and members of the
civic society led by Manabendra Narayan Larma called on Prime Minister
Bangabandhu Sheikh Mujibur Rahaman and submitted a Memorandum on
Charter of 4-point Demands for Regional Autonomy with separate Legislature.
The Memorandum reads:
Demand for
Regional
Autonomy
raised
(1) CHT will be an Autonomous Region with its own
legislature;
(2) For safeguard and rights of the tribal people, a statutory
provision must be guaranteed in the constitution similar to
the CHT Regulation 1900;
(3) Administrative set up and the status of the Circle Chiefs
must be retained and
(4) There must be a constitutional provision with a guarantee
that no constitutional amendment on matters relating to
CHT will be made without the prior consent of the people
of CHT.

Government’
s Stand on
the Regional
Autonomy
6
In later days, Manabendra Narayan Larma, MP and President of PCJSS led the
movement for Regional Autonomy. But the then government of Bangladesh
did not pay serious attention to the CHT issue and that the demand was
summarily turned down. The government insisted on its stand of the unitary
government system without leaving a space for special administrative structure
applicable to CHT. Furthermore, it was also officially insisted on ‘nationality’
issue to the effect that in general, the people of Bangladesh might adopt the
national identity as ‘Bangalee,’ which was not endorsed by the indigenous hill
peoples living in CHT. The Constitution was adopted and enacted on the 4 th
day of November 1972 wherein, CHT was not even restored to its earlier status
as per the CHT Regulation, 1900, let alone the upgrading of administrative
status of CHT with new provision within the democratic set up. This hard-line
stand of the government gave rise to a political impasse over the issue of right
to self-determination of the indigenous peoples in CHT. At this juncture, the
peoples of CHT began defensive struggle of resistance under the leadership of
late Manabendra Narayan Larma, MP and the undisputable leader, for the sake
of preservation of the entity of hill indigenous peoples in 1975.
CHT UNDER THE FIRST-PHASE
MARTIAL LAW ADMINISTRATION (1975 – 1981)
Stand of the
military
regime:
Demand for
Autonomy
reiterated
With the demise of Banga Bandhu Sheikh Mujibur Rahman in August 1975,
Martial Law was promulgated throughout the country. Later General Ziaur
Rahaman became CMLA with Justice A. S. Sayem as the President. General
Zia identified the CHT crisis as a regional issue and absolutely an Economic
Problem, which, according to him, could be solved through economic
reconciliation. Accordingly, the Chittagong Hill Tracts Development Board
Ordinance, 1976 was passed and that the CHTDB with the Divisional
Commissioner of Chittagong as the Chairman came into being. On 19
November 1975, a 67-member Delegation from CHT called on President
Justice A. S. Sayem and submitted a memorandum demanding regional
autonomy for CHT. Again, in January 1976, another memorandum was
submitted to the CMLA, General Ziaur Rahman. Later, General Ziaur
Rahaman became President on 21 April 1977. But so far, no progress was
made during General Ziaur Rahman’s tenure in this regard. Instead, the
‘Operation Dabanol’ (The Operation Wild Fire) was enforced in CHT,
ostensibly, as a measure to suppress the movement for autonomy.
In 1979, further amendment was brought to Section-34 of Chittagong Hill
Tracts Regulation, 1900 whereby the Deputy Commissioners were empowered
with the authority of granting settlement and issuing permanent resident
certificates to any person they deem to be fit for. The Office Orders of Memo
No. 66 (a) dated 04-09-80 and Memo No. 665 dated 04-09-80 were issued
directing to accumulate thousands of families from different districts for
settling them inside CHT. This followed massive settlement of peoples of nonindigenous
origins in CHT, which gave rise to a giant demographic change in
the population pattern of CHT. The following chart of the Census Reports
conducted from 1941 to 1991/in the years of 1941, 1997 and 2009 present an
order of graphical heights in the non-tribal population in CHT:

Amendment
brought to
CHT Regu -
lation, 1900
Table – 1
Census
Non-indigenous
Years Population Population Total
1941 2,39,783 7,270 2,47,053
1951 2,69,177 18.070 2,87,247
1961 3,39,757 45,322 3,85,679
1981 4,41,744 3,13,188 7,54,962
1991 5,01,144 4,73,301 9,74,445
7
Source Reference:
(1) Bassaignet, Pieree Tribesmen of the Chittagong Hill Tracts,
Dhaka. 1985.
(2) Districts Census Statistics B.B.S. Dhaka 1983.p-29.
Table – 2
Changes in
the
demographic
pattern
Year Ethnic Indigenous Peoples Non-Indigenous People
1941 97.5% 2.5%
1997 55% 45%
2009 51% 49%
Table – 3
Number of expected Bangalee Settlers from the plain to the CHTs according to
Government settlement schemes (1960-1987):
Year
Number of Bangalees settled in CHT
1960-1969 Kaptai Dam, Karnaphuli 1,00,000
Paper Mills, etc.
1979 30,000
1980 1,00,000
1982 2,50,000
1987 1,00,000
% of Total population of CHTs (If
Total population 1 million)
*Source: Status And Dynamics of Land Rights, Land Use and Population of CHT,
Bangladesh – By Abul Barakat, Sadeka Halim, Asmer Osman, Md. Ismail Hossain,
Manzuma Ahsan, 2010.

Table – 4
8
Ethnicity
1901
(British
Period)
1951
(Early
Pakistan
Period)
Census Years
1981
(Bangladesh
Period)
1991
(Bangladesh
Period)
Indigenous 1,16,000 1,61,538 4,41,776 5,01,144
Peoples
Bengalees 8,762 26,150 3,04,873 4,73,301
Total - 1,24,762 2,87,688 7,46,649 9,74,445
Indigenous 93% 91% 59% 51%
peoples %
Bengalees % 7% 9% 41% 49%
*Source: Status And Dynamics of Land Rights, Land Use and Population of CHT,
Bangladesh – By Abul Barakat, Sadeka Halim, Asmer Osman, Md. Ismail Hossain,
Manzuma Ahsan, 2010.
CHT UNDER THE SECOND-PHASE
MARTIAL LAW ADMINISTRATION (1981 – 1991)
Gen. H. M.
Ershad came
to power:
HDLGC
System
introduced
Peace
Negotiation
with JSS
General H. M. Ershad came to power on 24 March 1982. Martial law was
again imposed on all over the country for the second time. The Ershad
government brought a change in the administrative system by dividing the
CHT into three hill districts on different occasions. Rangamati and Bandarban
Hill districts came into existence on 4 th April 1981 while Khagrachari hill
district was officially put to effect on 10 th October 1983. General Ershad
brought CHT under Local Government Administrative system by establishing
three HDLGCs for the three Hill Districts. Later, the Ershad government
developed the 27 Thanas (Jurisdiction of Police Stations) into 25 Upazilas with
the establishment of 25 ULGCs through holding elections.
Negotiation for peace: Ershad Government formally resumed the dialogue
that was initiated with PCJSS during President Ziaur Rahman’s tenure. A sixmember
National Committee for Negotiation was formed with Air Marshal A.
K. Khondokar (Retired) as the Chairman to reopen the dialogue with PCJSS.
The first Dialogue between the National Committee and PCJSS was held on 25
August 1985. But it could not mark any commendable progress towards
continuity of the talk. After 3 years, the second formal dialogue was held on 17
December 1987 in which the PCJSS placed the Charter of 5-point demands.
However, yet no progress could be made towards the settlement of peace. At
certain point of the ongoing dialogue, President Ershad veered to different
direction. He called his nominated local tribal leaders and got signed an
agreement on Nine Points of Understanding with them and following this 3
HDLGCs were established in all the 3 Hill Districts introduced by his
government. But PCJSS opposed such unilateral move on the part of the
Ershad government. Therefore, the progress of peace process with PCJSS
could not be furthered.

CHT DURING THE BNP-LED GOVERNMENT (1991 - 1996)
BNP came to power through the National Election held in 1991 and Begum
Khaleda Zia became the Prime Minister.
9
Peace
Dialogue
Resumed
Peace Dialogue: The government formed up a 9-member Parliamentary
Committee on CHT Affairs with Colonel Oli Ahmed, the then Communication
Minister to deal with the CHT affairs. A local committee named the CHT
Liaison Committee was also organized with Hangsadhwas Chakma as the
Committee Head. The first dialogue between the PCJSS and the Khaleda
government was held on 5 November 1992. During the talks, PCJSS submitted
the modified Charter of Five-Point Demands for Regional Autonomy with
separate legislature for CHT on 4 December 1992. Altogether 13 rounds of
talks were held between PCJSS and the government side till 1996. But no
progress that could lead to the settlement of peace was made all through the
dialogues.
CHT UNDER AWAMI LEAGUE-LED GOVERNMENT (1996 – 2001)
National
Election-
1996: AL
came to
power
Peace
Dialogue
Resumed:
Positive
headway
noted
CHT Accord
signed
The National Election held in June 1996 upturned the power politics in
Bangladesh giving a push up to the Awami League ensuring its return to power
with simple majority. Prime Minister Sheikh Hasina soon formed up a 12-
member National Committee on CHT Affairs headed by the Chief Whip Abul
Hasnat Abdullah to deal with the CHT issue.
Peace Dialogue: The first dialogue between the National Committee and
PCJSS was held on and from 21 to 24 December 1996 on the Agenda of the
Modified Charter of Five Point Demands, specially referring to the Regional
Autonomy having a Regional Council atop the three Hill District Councils.
Altogether 7 rounds of talks were held. So far, the dialogue had been positive
and that decisive progress could take place paving the way to put an end to the
procrastinated civil war.
With the progress of the dialogue, both sides could reach a mutually acceptable
state that led to the signing of an agreement known as the Chittagong Hill
Tracts Accord, 1997 (CHT Accord, 1997) on 2 December 1997. On behalf of
the government of Bangladesh, Chief Whip Abul Hasnat Abdullah, member of
the National Committee on CHT Affairs and Jyotirindra Bodhipriyo Larma on
behalf of the peoples of CHT, put their respective signatures underhand in
presence of the Prime Minister, other cabinet Ministers and the officials
concerned sitting in the International Conference Hall at the Prime Minister’s
Office.
The CHT accord, 1997 occupies its place in the contemporary world of
democratic forces providing an effective and unique pattern ever introduced in
the governing system of Bangladesh. The Accord upholds the following Aims
& Objectives:
1. Reposing full and unswerving allegiance to the State-sovereignty
and territorial integrity of Bangladesh with a view to upholding the
political, social, cultural, educational and economic rights of all
the citizens of the Chittagong Hill Tracts region to expedite their

10
socio-economic development process and preserve and develop
the respective rights of all the citizens of Bangladesh;
Objectives of
CHT Accord
2. The CHT, as a tribal-inhabited region to preserve the
characteristics and to the attain over all developments of this
region;
3. As per the points of consensus and the responsibilities conferred in
the Accord, to formulate concerned Laws, Rules and Provisions
and/or to bring in alteration, amendment and amalgamation
thereof within the ambit of the act as soon as possible.
4. In this Accord, by the term “Non-Tribal permanent Resident” has
been defined the person who is not a tribal and possesses legal
land & premises and generally, he resides at a particular address in
the hill district.
5. No land and premises including the lease-able khas lands within
the territorial limits of the hill districts are to be allotted for
settlement in lease or to transfer the ownership by way of giving in
‘Ijara,’ purchase or sale without prior approval of the Hill District
Council;
6. Without having consultation with and obtaining consent, not to
transfer or occupy the lands of any category, hills and forests
under the control & jurisdiction of the Hill District Councils.
7. To prepare the Electoral Roll with only the permanent residents of
Chittagong Hill Tracts;
8. In order to settle the disputes over the lands & premises, to form a
“Land Commission” headed by a retired Justice of Appellate
Division with arbitrational power; to be prompt to settle the
disputes over the land & premises with the tribal refugees and to
cancel the ownership of the lands & premises and hills that
were illegally provided or occupied;
9. In consultation with the Council, the government is, through
gazette notification, to frame up laws and the Council is to be in a
position of having the right to make an appeal or recommendation
even after formulation of the law concerned;
10. Any law applicable to hill district, enacted by the National
Parliament or any authority, if appears to the Council to be hard or
objectionable to the tribal communities, as such, so that the
Council can make an appeal or place recommendations for
relaxation in application of the said law stating the reasons thereof
and as such, the government can opt for remedial measures as
sought for;

11
11. With a view to making the three Hill District Councils more
effective and strengthened, the three Hill District Council Act,
1989 (i.e. the Acts of 19, 20 and 21 of 1989), subject to
modifications and amalgamations to various sections of the law,
Regional Council shall be constituted incorporating the 3 HDCs.
The Regional Council shall act upon the following disposals:
i. Over all Supervision and Coordination of all the
development programs conducted under the three HDCs
and the Subjects and Departments transferred to the
HDCs. Besides, in case of the lacking of coordination
among the HDCs or if any discrepancy is noticed, the
decision of the Regional Council shall be the final;
ii. Supervision & Coordination of the Municipalities
(Paurasavas), other local councils;
iii. Supervision & Coordination of the general
administration, law & order and development programs
of the 3 Hill Districts;
iv. The Council shall deal with the disaster management
and relief work including the coordination of the
activities of all NGOs;
v. The tribal customary laws and social justice;
vi. Issuance of licenses for heavy industries shall be within
the capacity of the Council;
vii. The Council shall be in the authority of organizing own
fund with the following sources:
(a) The amount received from the hill district
councils funds;
(b) Amount or Profit from the entrusted and
authority-dealt properties;
(c) Grant from the government or other entities;
(d) Donation from an individual or institution;
(e) Profit out of the investment of the Council;
(f) Any amount received by the Council and
(g) Amount received from other sources entrusted
under government’s directives.
12. Declaration of Amnesty; rehabilitation of the tribal refugee
returnees at their respective homesteads with their own lands &
premises; reinstatement of the PCJSS members at their posts of the
earlier services and to ensure their economic rehabilitation with
employment opportunities;

12
13. In all the posts of the Executive Officers and staff of different
classes to be employed in all government, Semi-government,
Council and Semi-Autonomous offices in CHT, the permanent
residents of CHT shall be appointed with special priority to the
tribal peoples.
14. A Ministry for CHT shall be established with a full pledged
minister from among the tribal peoples and to assist the Ministry
an Advisory Council comprising (a) the Minister of CHT, (b)
Chairman /Representative, Regional Council, (c)
Chairman/Representative, Hill District Council, (d) The MPs of 3
hill districts, (e) Circle Chiefs of the three Circles and (f) three
Non-tribal members from the three hill districts nominated by the
government;
15. After signing the Accord in between the government and the
PCJSS and the return of the PCJSS members to civil life, with an
exception to the Border Forces (BDR) and the permanent
cantonments (i.e. 3 cantonments in the three Hill district
Headquarters and that of the cantonments at Alikadam, Ruma and
Dighinala), all the temporary military camps, Ansar camps and the
Village Defence Force camps shall have to be withdrawn dressing
all the forces back to their cantonments in phases and the lands
and premises so occupied shall have to be returned to the owners
and
16. Headed by the government nominated Convener, a 3 member
Committee, named “ Committee for Implementation of the CHT
Accord” shall monitor the implementation process of the Accord.
IMPACT OF THE CHT ACCORD
Impact of the
CHT Accord
The CHT Accord, 1997 has been a positive outcome of the developments in
the socio-political scenario of CHT, which heralded in a new dawn beaming
silver ray of hope and aspirations amidst the warm welcome of the
international communities alongside prevalence of a mixed reaction among the
ranks of the national political parties. However, the outer world stood by the
government side on the issue of resolving the CHT crisis. The developed and
developing countries appreciated the CHT Accord to be an appropriate
measure towards keeping national integrity, peace and progress. The USA
came up with felicitation to the government in power with open heart. The UK,
expressed admiration over the initiative undertaken by the government and
termed the Accord to have been an imitable illustration. The Asian and
European nations including France welcomed the Accord terming the initiative
to be a great achievement towards World peace. The UN, EU, World Bank,
Asian Development Bank, International Development Agencies and the NGOs
involved in development activities welcomed the Accord and termed it as a
great achievement of the peoples of Bangladesh. The then Prime Minister
Sheikh Hasina was honored with the award of UNESCO Houpet-Felix
Boigny Peace Award in 1999 for the Accord.

Post-CHT
Accord
measures
POST-CHT ACCORD MEASURES
DURING HASINA-LED GOVERMENT
The Awami League-led government could not implement the CHT Accord to
its fullest extent so far during its tenure. However, the post-CHT Accord
measures taken by the government may be mentioned as follows:
13
(a) Formation of the CHT Accord Implementation Committee;
(b) Establishment of the CHT Affairs Ministry;
(c) Formation of the Advisory Committee to assist the MoCHTA;
(d) Formation of the CHT Land Commission;
(e) Formation of the CHTRC for the interim period;
(f) Formation of the Task Force on Rehabilitation of Jumma Refugee
Returnees and the Internally Displaced Tribal Peoples and
(g) Establishment of HDCs
Apart from the above, progress could also be seen in the introduction of
several Acts and Rules in light of the CHT Accord as follows:
(a) Chittagong Hill Tracts Regional Council Act,
1998 (The Act XII of 1998);
(b) Three Hill District Council Act, 1998 (Amended)
(c) Chittagong Hill Tracts Land Dispute Resolution
Act, 2001
However, throughout the later part of the Hasina-led government, no further
progress in regard to the implementation of core issues of the CHT Accord
could be found other than the developments stated as above. The ‘Operation
Dabanol’ (The Operation Wild Fire) was lifted up but another form of military
engagement namely, ‘Operation Uttoran’ (Operation Upliftment) was put in
place, which is still in force.
CHT UNDER BNP–LED GOVERNMENT AGAIN (2001 – 2006)
National
Election -
2001 held:
BNP came to
power
The 4-party alliance led by BNP came to power with Khaleda Zia as the Prime
Minister in 2001. The BNP-led government was not found to have taken
initiative in implementing the CHT Accord as the pending National Issue. The
government did not show any interest in the implementation of the CHT
Accord. Therefore, the Special administrative system that had been introduced
to CHT could not be progressed any further as it had been defined in the CHT
Accord.

14
CHT DURING THE CARETAKER GOVERNMENT (2007 –2008)
The
Caretaker
Government
The Caretaker government took over the power with Dr. Fakruddin Ahmmed
as the Chief Advisor to cover up the political impasse arisen out of the ‘hardline
stand’ being maintained by the national political parties. Though the
tenure of the Interim Caretaker Government was supposed to be for a period of
90 days as per the constitution, it continued to exist for 2 consecutive years.
The Caretaker government brought tremendous reformations in the existing
political and administrative system but so far, it did not play any role in
implementing the CHT Accord nor did it take counter measures against the
Accord also. Therefore, during the Caretaker government’s tenure, no
advancement could take place in strengthening the administrative system in
CHT.
AWAMI LEAGUE -LED GOVERNMENT (2009 – )
Awami
League
returned to
power
CHT Accord
implementation
issue
The National Election-2008 held on 29 December 2008, made the AL Grand
Alliance win a landslide victory. The Grand Alliance formed the government
with Sheikh Hasina as the Prime Minister. Since assuming the office on 06
January 2009, Prime Minister Sheikh Hasina, reiterated her Government’s
stand pronouncing that the government would go for the fullest
implementation of the CHT Accord, 1997. The government conviction
towards implementation of the Accord could also be heard from several other
Ministers, the State Minister for CHT Affairs including many other
Parliamentary Members of the ruling Grand Alliance.
But up till this day, it is observed that the government has not yet taken up any
measure directing to the implementation of the CHT Accord as defined in the
CHT Accord, 1997. However, the government has re-organized the
followings:
1. Formation of CHT Accord Implementation Committee with Sajeda
Choudhury, MP and Deputy Leader of the Parliament, as the
Convener, the Task Force Chairman Jatindra Lal Tripura, MP and
Jyotirindra Bodhipriyo Larma, President, PCJSS and Chairman, CHT
Regional Council as the members.
2. Appointment of State Minister Dipankar Talukder, MP to look after
the Ministry of CHT Affairs (instead of a full pledged Minister as per
the CHT Accord);
3. Appointment of Jatindra Lal Tripura, MP as the Chairman, Task Force
for Rehabilitation of Jumma Refugees & displaced Jumma families;
4. Appointment of Justice Khademul Islam Choudhury (Retired) As the
Chairman of the one-member CHT Land Commission;

15
Besides, there has been a futile attempt on the part of the ‘Land Commission’
to conduct the land survey in CHT, which stands counter productive to
Section-2 under Part-4 of the Accord in which it is clearly stated that the Land
Survey in CHT shall be undertaken after implementation of the Accord,
rehabilitation of the Jumma Refugees and the internally displaced Jumma
families and settlement of the land disputes through proper identification.
CHT REGIONAL COUNCIL: AN INNOVATION OF
ADMINISTRATIVE SYSTEM
Rationale of
the CHTRC
Act, 1998
It is the fact that CHT had been administered under different Laws, Rules,
Regulations and Ordinances with occasional amendments to them as and when
it was felt necessary on the part of the successive governments ever since the
British Rule. As it is mentioned in the above, the study over its undergoing of
different administrative systems shows that CHT had been administratively
treated with special status such as, Backward Tract, Scheduled District and
Excluded Area during the British period. The laws that had been applied to
CHT, among others, were - The District Act, 1836 (Act XXI of 1836), The
Bengal Act, 1838, The Scheduled District Act 1874 and The Chittagong Hill
Tracts Regulation-1900 (Act I of 1900). The most significant legal provision
of the time was the CHT Regulation, 1900 that had played an important role in
protecting the rights of the indigenous hill peoples and also in guarding them
from the threat of being swallowed by the big population.
In the later years of the post-partition era and the subsequent post-independent
years, though undergoing repeated amendments, the CHT Regulation, 1900
had been the only legal framework that could remain in effect alongside the
application of general laws under the general administrative system throughout
the period of Pakistani rule. The CHT Regulation, 1900 underwent further
amendments till 1979 and the frequency of repealing had been so much so that
the entire Regulation was thereby made bared of its principal objectives for
which it had been originated. Hence, in view of the foregone changes, the CHT
Regulation, 1900 has already been peeled off its effectiveness and relevancy to
match the prevalent situation of CHT.
National
Constitution:
Room for
Special
Provisions
for the
backward
section of
citizens
The Article 28(4) of the Constitution reads: ‘Nothing in this article shall
prevent the State from making special provision in favor of women or children
or for the advancement of any backward section of citizens.’ At this juncture,
Article 28(4) of the National Constitution provides the provision to strengthen
the already weakened existing Laws & Regulations to address the crisis. To
this end, the introduction of an effective administrative system, which is to be
governed by the time-demanding effective laws, rules and regulations along
with the necessary supplementary regulations including the restoration of the
already repealed rules and sections of the concerned laws, rules and
regulations have become utmost necessary. Herein lies the rationale of
introducing a ‘new administrative system’ to be governed by the Chittagong
Hill Tracts Regional Council Act, 1998 (The Act 12 of 1998) supplemented by
other rules and regulations developed for the purpose.

CHTRC: A UNIQUE ADMINISTRATIVE SYSTEM IN CHT
16
Introduction
of an
Administrative
System
as per the
CHT
Accord,
1997
Objectives of
CHTRC Act,
1998
As the CHT Regulation, 1900 and the existing laws including the later enacted
Laws, Rules and Regulations relating to CHT, became incapable of protecting
the rights of the indigenous peoples, the CHT Accord, 1997 that was signed on
2 nd December 1997, came up with a new concept of Laws and Administrative
System clubbing all the three Hill Districts of CHT and other administrative
peripheral agencies including the development sectors. The CHT Accord was
duly passed in the National Parliament on 22 nd December 1997. As per Section
(2) of Part–II of the Accord, the Hill District Council Act-1998 (Amended)
was enacted putting all the three Hill District Councils in place with their
complete forms and strength. Also, as per Section–1 of Part–IV of the CHT
Accord, the Chittagong Hill Tracts Regional Council Act, 1998 (The Act XII
of 1998) was framed within the framework of the Constitution. The Act was
also duly passed in the National Parliament on 24 th May 1998 (10 th Jaisthya of
1405 Bangla Era) and on receipt of the Presidential assent, the Act was
promptly published in the Gazette notification on the same day invariably.
The Chittagong Hill Tracts Regional Council Act, 1998 upholds the following
objectives:
1. To ensure CHT as tribal-people-inhabited region;
2. To expedite the development process for all the inhabitants of this
region including the tribal peoples and to uphold their political, social,
cultural, educational and economical rights and to expedite the Socioeconomic
development therein;
3. Compliance to the CHT Accord, 1997 jointly signed by the National
Committee for CHT Affairs, Bangladesh and the PCJSS on 2 nd
December 1997 and
4. To comply with the CHT Accord, as it is expedient and necessary to
set up Regional Council for Supervision and Coordination of the
functions of the three HDCs and to perform the other relevant
functions.
Thus, the introduction of the three HDCs, CHTRC and MoCHTA − an
Administrative Structure was erected as the latest Administrative System ever
introduced in CHT within the democratic framework of our nationhood.
Formation of
the Interim
CHTRC
FORMATION OF THE INTERIM CHTRC
The CHT Accord Implementation Committee, among other primary issues to
be implemented, came across with the task of immediate formation of the
interim CHTRC as per the provision provided under Section-12, Part-III of the
CHT Accord, 1997 and under Section – 54 of the CHTRC Act, 1998 (Act XII
of 1998) with a proposal specifically naming Jyotirindra Bodhipriya Larma as
the institutional head of the Interim Regional Council. Accordingly, under
Section 3(1) of the CHTRC Act 1998, the Interim CHTRC headed by J. B.
Larma was formed with 25 persons ensuring comparative representation of
various ethnic communities as envisaged. Jyotirindra Bodhipriya Larma
assumed his office as Chairman on 12 May 1999 and that the interim CHTRC
made its debut on 27 th May 1999 through staging a ceremonial function.

17
The interim CHTRC was formed under the provision of Section-54 of the
CHTRC Act, 1998 (Amended) and as it was defined, the CHTRC would
exercise the executive powers & functions as conferred in Section – 22, 23, 24,
45 and 46 including the undertaking of any other activities as much as they are
applicable within the jurisdiction of powers & functions provided thereof. The
CHTRC has been formed as per the provision of Section – 5 of the CHTRC
Act, 1998 as follows:
(a) The Chairman with the status of State Minister shall be elected from
among the tribal people;
(b) Twelve Tribal members (Five shall be from the Chakma, three from
Marma, two from Tripura, one from Mro and Tanchangya and one
from Lushai, Bawm, Punkho, Khumi, Chak and Khiyang tribes;
(c) Six Non-tribal members (two members from each district of CHT);
(d) Two tribal female members (One shall be from among the Chakma
women and one shall be elected from among the other tribal women);
(e) One Non-tribal woman member and
(f) Chairmen from the three Hill District Councils as ex-officio members.
The comparative representation of the ethnic communities in the Council may
be presented as below:
Ethnicity
Representation
with
figures
Ethnicity
No. of Representation
Chakma 5
Marma 3
Tripura 2
Tribal Male Members Mro and Tanchangya 1
Lushai, Bawm, Pankhua,
Khumi, Chak and
1
Tribal Women
Members
Non-tribal Members
Non-Tribal Women
Members
Chairmen from 3
HDCs
Chairman
CHTRC
Khiyang
Chakma 1
From other tribal woman 1
Bangalee 6
(2 from each district)
Bangalee 1
Tribal
Tribal
3
1

Members of the Interim CHTRC
18
Ethnicity of
Membership
Tribal
Members
Non-Tribal
Members
Tribal Women
Members
Non-Tribal
Women
member
Ex-Officio
Members
(Tribal)
1. Ushatan Talukder
2. Gautam Kumar Chakma
3. Rupayan Dewan
4. Sudha Sindhu Khisa
5. Sneha Kumar Chakma
6. K. S. Maung Marma
13. Nurul Alam
14. Jafar Ahmad
15. Mohammed Yusuf*
19. Madhabilata Chakma
20. Unue Prue
21 Rowshan Ara Begum
Names
22. Chairman, RHDC, Rangamati.
23. Chairman, BHDC, Bandarban.
24. Chairman, KHDC, Khagrachari.
7. Maung Nu Ching Marma
8. Thui Mra Ching Marma
9. Sadhu Ram Tripura
10. Roktatpol Tripura
11. Loyal David Bawm
12. Nilu Kumar Tanchangya
16. Mahabubur Rahman
17. Kajol Kanti Das
18. Md. Shafiqur Rahman
* Following the death of Mohammed Safi, Member, CHTRC on 20-07-1999,
Mohammed Yusuf was co-opted as the member of CHTRC in 1999.
POWERS & FUNCTIONS
Sections – 22, 23 and 24 of the CHTRC Act, 1998 (The Act 12 of 1998) confer
the following Executive Powers & Functions including the power of framing
up of Rules and Regulations [Section-45 and Section-46] to be exercised by
CHTRC:
Powers &
Functions of
CHTRC
Executive Powers (Section-23):
(1) The Council shall have powers for smooth functioning of all
activities under this Act.
(2) Subject to containing no repugnant rules in this Act or Rules, the
Executive Power of the Council shall be vested upon the Chairman
and in accordance with this Act and Regulations or shall be attached
through a person directly entrusted by the Chairman or the power
received through delegation from him.
[Explanation: ‘A Person’ means the ‘member’ and ‘officer’ of CHTRC as
per the section -24 on Disposal of Functions of CHTRC]
(3) The Executive disposals or any other action shall be deemed to
have been received in the name of Council and shall be published to
that effect and that shall have to be proved or accomplished as per the
procedure determined by the regulation.

POWER OF FRAMING RULES & REGULATIONS
19
Power of framing Rules (Section-45):
(1) The government may, for achieving the objectives of this Act,
formulate Rules through consultation with the Council and through
gazette notification
(2) Specially and without hindering the totality of the power
mentioned above, similar Regulations may be formulated concerning
all matters or any of those stated below; for example:-
Power of
formulating
Rules
a) Power and responsibility of the Chairman and
other members of the Council;
b) Maintenance of Accounts & Audit;
c) Process of determining responsibilities and
liabilities of officials and employees and any
other personnel of the Council;
d) Process of Appeal against orders of the
Council;
e) Process of inspecting the Council and the
power of Inspector;
f) Any such matter which has to be decided or
can be decided by rules under this Act.
(3) If any Rule after formulation is appeared to the Council as
difficult or objectionable for the hilly region, then the Council
may appeal to the Government for reconsidering, amending,
canceling the said rule or relaxing its application mentioning the
related reasons along with a specific proposal and the
Government may take necessary decisions after consideration of
the appeal.
Power of formulating Regulation (Section-46):
(1) The Council may, for achieving the objectives of this Act, formulate
Regulations not inconsistent to this Act or to any rule of the law.
(2) Specially and without hindering the totality of the power mentioned above,
similar Regulations may be formulated concerning all matters or any of those
stated below:
a) Conducting activities of the Council;
b) Deciding the quorum of the Council’s meetings;
c) Broaching questions in the Council meetings;

20
d) Convening the Council’s meetings;
e) Writing minutes of the Council meetings;
Power of
formulating
Regulations
f) Implementing the proposals accepted in the Council
meetings;
g) Maintaining and using general seal of the Council;
h) Forming Departments and Sections for office of the
Council and deciding their scope of work;
i) All matters concerning execution of work;
j) Employing officials and employees in all posts where
the Council can employ such persons and maintaining
discipline among the ranks;
k) Determining as to where Licenses shall be required
and on what conditions Licenses shall be offered;
l) Any such matter which has to be decided or can be
decided by Regulations under this Act.
Disposal of Functions (Section-24):
(1) The functions of the Council shall be disposed off within the
Council or in its Committee Meetings or by the Chairman, Member,
Executive and Employee within the jurisdiction and procedures as
determined by the regulations.
(2) The Chairman and in his/her absence, a member nominated by the
members from among the tribal members present in the meeting, shall
preside over all the meetings of the Council.
(3) The proceeding or activities of the Council shall not be illegal
simply because of the facts that any post of a member of the Council is
vacant, or there has been some flaw with the formation of the Council,
or any person has attended the meeting of the Council, cast his/her
vote or taken part in the proceedings of the Council in any way
although having no rights.
(4) A copy of the minutes of the proceedings of every Council
Meeting shall have to be sent to the government within fourteen
days after the holding of such a meeting.

Functions (Section – 22):
21
a) Overall supervision and coordination of all
development activities under the Hill district
Councils and all other matters entrusted to them;
Provided that if the Regional Council, during Supervision and
Coordination under this Section, has any dispute on a matter with a Hill
District Council or with more than one Hill District Council, then the
decision of the Regional Council, under this Act, shall be the final.
b) Supervision and Coordination of the local
Councils including the municipalities
(Pourashavas);
c) Overall supervision and coordination of the
CHTDB set up under the Chittagong Hill Tracts
Development Board Ordinance, 1976 (Ordinance
LXXVII of 1976);
d) Supervision and Coordination of the general
administration of the Hill Districts, Law & Order
and Development;
e) Supervision and Coordination of tribal traditions,
practices, etc. and social justice;
f) Issuing licenses for setting up heavy industries in
the hill districts in keeping pace with the National
Industrial Policy and
g) To conduct disaster management and relief work
and coordinating of NGO activities.
Scope of
CHTRC in
light of the
given powers
& functions
SCOPE OF CHTRC
CHTRC is a statutory body entrusted with the specified powers & functions as
has been conferred in Sections – 22, 23 and 24 of the CHTRC Act, 1998 (Act
12 of 1998). The primary concern of CHTRC is to Supervise and Coordinate
the activities performed by the HDCs and other administrative and
development agencies working in CHT and also to conduct the Disaster
Management and Relief works as well. The act of supervision and
coordination also involves monitoring through which the CHTRC can have an
access to the magnitude of over all activities performed by the HDCs in
general and in particular as well. The CHTRC Act, 1998 has the power of
taking arbitrational decision over any dispute arising out of the issues with any
HDC or involving more than one HDCs during the process of supervision and
coordination. The situation as such, the decision of CHTRC shall stand final to
conclude the dispute as Section 22(a) of the Act. Its interactions with all the
government and non-government agencies including the traditional institutions

22
widen the scope of operation both vertically and horizontally. This ensures
accountability, transparency, judiciousness and effectiveness of the activities
performed by the local government bodies, development sectors and the
traditional institutions with full blossom of their potentials.
Basically, CHTRC conducts supervision and coordination in the
implementation of all development programs encompassing the issues of all
the subjects entrusted upon the HDCs. CHTRC also supervises and coordinates
the development programs of the government and Non-government
organizations functioning in the three hill districts. Among others, CHTDB is a
set up of development mechanism, which is also supervised and coordinated
by the CHTRC. Besides, CHTRC supervises and coordinates the functions of
the general administrations of the three hill districts, the law & order, tribal
traditions, practices and rites & rituals, traditions and social justice of the
indigenous hill peoples.
CHTRC can also have an access to the national industrial policy through
exercising its authority of issuing licenses for installation of the heavy
industries in CHT. It also conducts Relief & disaster management programs.
The CHTRC is entitled with the authority of forming up Committees, fixing
them up with numerical strength and assigning the committee members with
specific responsibilities to ensure smooth functioning during the exercise of its
powers through supervision and coordination of the activities performed by the
relevant agencies. It is also in the capacity of framing up Regulations in
consistent with the CHTRC Act, 1998 and any Regulations so framed up for
the Regional Council shall be forwarded to the government the copy of a
Regulation within 30 days of its formulation under Section-46 of the Act. If
the government differs in opinion with any part of the Regulation formulated,
then the government can provide counseling for its amendment on the approval
of the government. The government may, for achieving the objectives of the
Act, frame up Rules through consultation with the Council and through gazette
notification under Section-45. If any rule, after formulation, appears to the
Council to be hard or objectionable for the hill district concerned, as such, the
Council can make an appeal to the government for reconsideration,
amendment, cancellation of the said rule or relaxation of its application
mentioning the related reasons along with specific recommendation and as
such, the government can take necessary remedial measures considering the
appeal so made under Section – 45(3). Further more, CHTRC has a provision
to have an access to the making of laws concerning the Council and CHT. The
Section-53 (1) of the CHTRC Act, 1998 reads: The Government, while taking
initiative to formulate any law concerning the Council or the Chittagong Hill
Tracts, shall, on consideration of the discussions held with the concerned Hill
District Council and in consultation with the Regional Council, take necessary
measures for making the law; and Section-53 (2) reads: The Council may
apply or submit recommendations to the Government if the necessity arises to
amend such a law, which might adversely affect the development of the three
Hill districts and the well being of the tribal people or if the necessity arises to
make new laws.

23
CHTRC: Its
Man- Power
Administrative
Sections
Administrative Sections & Manpower:
With the formation of CHTRC as per the provision of the Chittagong Hill
Tracts Regional Council Act 1998 (Act 12 of 1998) and in accordance with the
provision conferred in the CHT Accord, 1997 the CHTRC having its Head
Office in Rangamati, formally began functioning on 27 May 1999. As per the
approved Organogram of the CHTRC, there is the Chief Executive Officer
(equivalent to Joint Secretary status) 2 Executive Officers (equivalent to
Deputy Secretary), 4 Assistant Executive Officers for 4 Administrative
Sections (equivalent to Senior Assistant Secretary), the Personal Secretary
(equivalent to Senior Assistant Secretary) to the Chairman, the post of
Assistant Personal Secretary and 1 Public Relation Officer, 1 Planning Officer,
1 Account Officer. Besides, there are also 2 posts of Personal Assistant to the
Chairman, 2 posts of 3 rd class employees and 8 posts of 4 th class employees.
The CHTRC Organogram consists of altogether 73 staff including the Officers.
As per the approved Organogram, the CHTRC Head Office has four Sections
as follows:
a. Administration and Services Section: This Section deals with
all the administrative and services affairs relating to the
interest of the mass people;
b. Development Section: All programs relating to the
Development and NGO affairs are dealt in this Section;
c. Finance Section: This Section deals with all the financial
activities of the Council and
d. Law and Land Affairs Section: All the activities related to the
Law and Land and legal disputes are dealt with through this
Section.
CHTRC & ITS FUNCTIONAL ORGANS
How
CHTRC
disposes its
Functions
Section-25 of the CHTRC Act, 1998 provides the provision of forming up
Committees, fixing up their numbers of the members and specification of their
duties and responsibilities, if necessary, for assistance in disposing its duties &
responsibilities. However, the CHTRC, in its meeting held on 3 August 2009,
re-constituted 8 (Eight) Committees and assigned them with specific functions
including the departments under the disposal of the Chairman. The functions
of the Committees are supervised, Coordinated and Monitored by the
Chairman. The Committees with their respective functions may be presented
as below:

24
Committees Functions of CHTRC Functions of HDCs
1. Supervision & Coordination
1.Supervision,
of General restoration and
Administration in hill district. development of Law &
2. Supervision & Coordination
Order in hill district
of Law & Order in
hill district.
2. Police (Local)
1. Committee for the
General
Administration and
Law & Order Affairs
(3 members)
2.Committee for Law,
Land & Local Council
Affairs
(4 members)
3.Committee for
Development and
Tourism Affairs
(4 members)
4.Committee for
Education, Culture &
Tribal Affairs
(3 members)
5.Committee for
Agriculture, Fisheries
& Livestock
(2 members)
5.Committee for
Agriculture, Fisheries
& Livestock
(2 members)
6.Committee for
Social Welfare &
Cooperative Affairs
(3 members)
7. Committee for
Health & Youth
Affairs (3 members)
1. Laws, Rules and
Regulations
2. Supervision & Coordination
of Local Councils
including the Municipalities
1. Supervision & Coordination
of development affairs in the
hill district.
2. Over all supervision of the
functions of CHTDB.
1. Supervision and Coordination
of tribal rites &
rituals and social justice
1. Agriculture
2. Fisheries
3. Livestock
1. Agriculture
2. Fisheries
3. Livestock
1. Social Welfare
2. Co-operative Society
1. Health & Public Health
2. Youth Welfare
1. Laws, Rules and
Regulations of Hill
District Council.
2. Land and Land
Management
3. ‘Jum’ Cultivation
1. Local Tourism
2. Infrastructure
development
1. Education
2. Culture
3. Tribal rites & Rituals
and Social justice.
1. Agriculture
2. Fisheries
3. Livestock
1. Agriculture
2. Fisheries
3. Livestock
1. Social Welfare
2. Co-operative
1. Health & Public
Health
2. Youth Welfare
8. Committee for
Forest and Industry &
Trade (3 members)
Chairman
1. Forest
2. Industry &Trade
1. Supervision, Monitoring &
Coordination of the functions
of the CHTRC Committees.
2.Disaster Management &
Relief Work
3.Co-ordination of NGO
activities
4. Finance
5. Issuance of Licenses for
Heavy Industries
5. Other affairs relating to
CHT
1. Issuance of License
for local industries,
Trade & Commerce
2. Other functions of
HDCs

The CHTRC, apart from its 4 Administrative Sections in the Head Office,
mainly conducts its activities through the Committees entrusted with specified
duties & responsibilities and takes stock of the situation through holding the
Committee Meetings. The Chairman, in association with the CHTRC members
and the senior officials concerned looks after both the policy and operational
matters of the institution. The CHTRC besides holding of routine meeting with
the members, also holds occasional meetings with the general staff and the
meetings are presided over by the honorable Chairman.
PRESENT STATUS OF CHTRC
25
Present
Status of the
CHTRC:
Limitations
&
Achievement
s
The goodwill gesture of the CHT Accord, 1997 followed by the enactment of
the CHTRC Act, 1998 eventually led to the formation of the Interim CHTRC
ensuring the ethnicity-based representation incorporating the women members
from both tribal and non-tribal communities from among the permanent
residents of CHT. Thus, the Interim CHTRC came to existence in full pledged
form and has been effortful in the disposal of its functions as stated in the Act
to achieve the objectives as envisaged in the CHT Accord, 1997 and as has
been defined in the CHTRC Act, 1998. But its access to the legally defined
fields has not been a ‘bed of roses’ owing to the absence of due compliance of
the government order and other complications arising out of nonimplementation
of the Hill District Council Act, 1998 (Amended) and
Chittagong Hill Tracts Regional Council Act, 1998 and above all, due to the
non-implementation of the CHT Accord, 1997.
[Note: Subjects and Affairs as defined in Chapter-II of CHTRC Rules of Business,
2001 are under disposal of the Chairman. The CHTRC Rules of Business, 2001 along
with the opinions of CHTRC is lying under process with the MoCHTA. ]
Staff Pattern
&
Infrastructur
e facilities
The Council had a requisition for 174 posts at the initial stage. However, on
10 th October 1999, the government approved the Organogram of the CHTRC
Head Office accommodated with 12 nos. of 1 st and 2 nd Class staff, 36 nos. of
3 rd Class staff and 25 nos. 4 th class staff, initially. But later on, the Ministry of
Establishment declared 4 posts of the 3 rd and 4 th class categories to have been
cancelled without specifying as to from which Section the posts were
cancelled. Therefore, CHTRC Head Office counts its human resources
altogether 56 in number including 3 nos. of executive officials posted on
deputation. From among the staff, 46 are males while 10 are females employed
in different capacities in the CHTRC Head Office. For this, CHTRC suffers
from the shortage in the staff strength.
For not having own infrastructure facilities as yet, CHTRC had to take the
CHTDB Rest House building on rental basis for its Head Office. The
establishment of CHTRC Branch Offices at the district level with necessary
infrastructure still remains as a case of approval to be obtained, which could
have been an effective contribution to the totality of the self-governing
mechanism.

26
CHTRC
Fund &
Budgetary
Control
CHTRC
Complex yet
to be
constructed
Support &
Assistance
Assertion of
legal status
Section-32 (1) and (2) of CHTRC Act, 1998 confers the provision to CHTRC
to have own fund entitled: Chittagong Hill Tracts Regional Council Fund.
Besides, the CHTRC if feels necessary, can organize separate Special Fund to
meet special needs.
Section–35 of the CHTRC Act, 1998 confers CHTRC with the provision of
preparation and approval of its Annual Budget on the basis of likely Income
and Expenditure before the beginning of every fiscal year. The government
allocates the Annual Budget of CHTRC.
CHTRC Complex: The Project named: Construction Of Office Building,
Residential Accommodation & Other Ancillary Component of the Chittagong
Hill Tracts Regional Council at Rangamati was approved for construction of
CHTRC Complex The four-phased Project with altogether 42.50 acres of land
includes (1) 20.75 acres of land for construction of the CHTRC Office
building, Hostel Building for the Members, Staff Quarters for the Sheds for the
Security Guards, Garage, etc., (2) 4.56 acres of land for Residence of the
Honorable Chairman, Shed for the Security Guards, garage, etc., (3) 9.13 acres
of land for the construction of the Residence for the Staff, Health Center, etc.
(4) 8.06 acres for the residence of CHTRC Officers and School building.
However, as no further progress could have been made due to some
complicacies, the project is in pause at present.
The abrupt change in the demographic pattern that made the CHT region
stagger over the decades constitutes the core issues of the crux, the
consequence of which has always been a subject of pervading affect. The
CHTRC has been able to focus the necessity of addressing the already
paralyzed socio-economic issues of CHT among the international donor
agencies. Prompt response received from the international development
agencies may be of worth mentioning are: - the UNDP, EU, WFP, and ADB
along with the participation of DFID, DANIDA, JICA, AusAid, USAID
including the other international NGOs like CARE, MSF, OXFAM, etc. The
CHTRC has already had a good networking with all the developing agencies
including the national and regional NGOs working in CHT. Through the
decade-long services as the institution of public representation, CHTRC has
been able to assert its legal presence for supervision and coordination of all the
three hill districts, Law & Order, local councils, municipalities (Paurosabhas),
CHTDB, development activities of all concerned including the indigenous
traditions, practice, etc. and social justice. As of today, from the core of its
long-drawn experience, the CHTRC feels that the self-governing system could
be the effective mechanism for our country as a democratic institution where
the ethnicity clashes get heightened due to the absence of good governance
with secular outlook and tolerance. The CHTRC is in firm belief that it is the
mind set of our civic polity that could nurture, nourish and promote the spirit
of CHT Accord for the welfare of our nationhood otherwise, any contrary
move, would tend to hold back the general progress of our country in yelling
for MDGs while transmitting negative vibrations to the world communities.

27
Mass
confidence as
a platform of
resolving
injustice
CHTRC: A
Role Model
for resolving
ethnicity
conflicts
The most significant achievement of the Council is the attainment of widescale
mass support and confidence, especially, on the issues of the human
rights violations, women rights violations, land grabbing, atrocities &
harassments, deprivations, discriminations, anti-social activities, etc. The
victims treat the CHTRC at least as a platform where they can express their
feelings and grievances and that they find solace, inspiration and confidence to
give back a legal fight for justice. This phenomenon has turned the CHTRC
into an institution of the mass people irrespective of race and religion in true
sense of the term.
The modern world is still in the grip of human-induced disasters filled with the
tales of nationhood involved in ethnicity clashes due to being imbibed with
narrow political stand & outlook, poor governance and corruptions. In this
context, the self-governing system of CHTRC could be a Role Model for
resolving ethnicity conflicts, ensuring the ethnicity-based representation in the
governing system, and an innovative initiative towards strengthening
democracy and good governance with transparency and accountability.
The Bangladesh High Court Division, after giving a series of hearings for 28
days from 22-10-2009 to 23-03-2010 over the Writ Petitions Nos. 2669 of
2000 and 6451 of 2007 submitted under Article 102 of the Constitution of the
People’s Republic of Bangladesh and Respondent Writ Petitions Nos. 2669 of
2000 and 6451 of 2007, concluded in the Verdict declaring: ‘the Regional
Council Act-1998 to be “impugned” and an “ultra virus of the Constitution”
for being contravening to and of negating the very basis of the ‘unitary
character’
CHTRC
faces legal
Challenge in
the Court of
Law
of the Constitution.’ However, upon the Provisional Civil Petition for Leave to
Appeal No. 281 of 2010 represented by the Secretary, Ministry of Law, Justice
and Parliamentary Affairs, GoB, a Stay Order granting for 6 (six) weeks was
issued on 15-04-2010 for filing Leave Petition against the judgment.
Accordingly, Petition for Leave to Appeal No.1847/2011 was submitted by
both the government and CHT Regional Council following which the hearing
was held in the court of a full pledged Bench consisting of 7 judges under
Chief Justice of the Appellate Division on 03-03-2011. The Court granted the
Appeal of the government and the Regional Council for filing up a regular suit
and restored the Stay Order of the High Court till the suit is settled.

ROLE OF CHTRC IN DEVELOPING
RULES & REGULATIONS
28
CHTRC
Role towards
developing
Regulations
Over the last decade, CHTRC developed several sets of Regulations within the
framework of the CHTRC Act, 1998 (Act 12 of 1998) for smooth functioning
of the Council. Also, the government-framed Rules relating to CHT that were
sent for consultation have been duly forwarded with specific
recommendations. They are as follows:
(a) CHTRC Staff Service Regulation, 1999 [Approved on 2 nd November
2000]
(b) CHTRC Chairman & Members Facilities Regulation, 1999 [yet to be
executed]
(c) CHTRC Special Fund Regulation, 2009 [yet to be executed]
(d) CHTRC Rules of Business, 2001 [yet to be Approved]
(e) CHT Forest Transit Rule, 2010[yet to be Approved]
(f) Rule of Electoral Roll, 2000[yet to be Approved]
(g) HDC Chairman & Members Election Rule, 2000[yet to be Approved]
(h) Amendments to the CHT Land Dispute Resolution Commission Act,
2001[yet to be Amended]
MEASURES THAT COULD MAKE CHTRC MORE EFFECTIVE
CHTRC is supposed to be functional to its fullest capacity, as it has been
conferred in the CHTRC Act, 1998, as an integral part of the government
administrative organ. But so far, it is experienced over the last decade that as a
new administrative system, the whole setup is yet to be adapted by removing
the complications associated with other pitfalls arising out of legal and
administrative discrepancies and overlapping aspects. For being so, in practice,
the CHTRC is seemed to have been a nomenclature in terms of having a free
access to the given jurisdiction. Therefore, it is imperative that the following
issues are to be addressed in order to make the CHTRC more effective:
1. Implementation of the CHT Accord, 1997 to its fullest form:
The CHT Accord, 1997 has been the ‘Spirit’, ‘Concept’ and ‘Guide’
based on which the long-standing armed conflict could have been
possible to be brought to an end and that the present new form of
administrative system has come into being in this region. The
effective role of the CHTRC is largely dependent on the fullest
implementation of the Accord.
2. Withdrawal of the ‘Operation Uttoran’ (Operation Upliftment):
Declaration of the ‘Operation Uttoran’ was aimed at achieving
certain military purposes. This opened up an access for military
involvement in the civil administration and Law & Order that
unmistakably gives rise to multi-conflicts with the general
administration including the other peripherals. Hence, the
withdrawal of ‘Operation Uttoran’ is highly demanding.

3. Implementation of the Government order: The government issued an
order No. CD/DC: 2/2(12)/2000-31 dated 10 April 2001 directing all
the concerned agencies to cooperate with the CHTRC. It is expected
that the MoCHTA sends Administrative directives to the institutions
functioning in CHT.
29
Measures
that could
make the
CHTRC
more
effective
4. Approval of the CHTRC Rules of Business, 2001: The government
framed up this Rule and sent in to CHTRC for consultation. CHTRC
has submitted a set of suggestions and recommendations on the Rule
to the government for consideration, which needs to be approved
without delay.
5. CHTRC Chairman & Members Facilities Regulation, 1999: CHTRC
framed up this regulation and submitted to the government for
approval. But as the regulation has not yet been approved, CHTRC
faces extreme inconveniencies in disposal of its functions properly.
6. Transfer of Subjects to the HDCs: The subjects, as conferred in the
Hill District Council Act, 1998 (Amended), are yet to be transferred
to all the Hill District Councils. This generates inconvenience in the
disposal of functions of both the CHTRC and HDCs properly.
7. Addressing the conflicting laws, rules and regulations: The legal
complications that offer conflicting and overlapping situations
arising out of the existing Laws, Rules, Regulations, Ordinances and
gazette notifications relating to CHT should be identified and
addressed with immediate effect. This causes impediments
producing misgivings and gapping in between CHTRC and the
concerned administrative agencies and that the whole administrative
system suffers to its worst.
30
8. Repealing of the application of Memorandum of Chittagong Hill
Tracts Regulation, 1900 (the Regulation 1 of 1900), which was put
to effect in 1990 and re-issuance of directives thereof.
Measures:
• To repeal the Memorandum No. BiKa
(Welfare) Ma-7 (9)/90(Pra:)/27 dated 29-10-
90 issued by the Special Affairs Division
under the Office of the Prime Minister on
application of the CHT Regulation, 1900 and
• Instead, to take the measure of re-issuance of
the directives in the reformed manner to the
effect that the CHT Regulation, 1900 shall
remain in force subject to the Acts and Rules
of CHT, such as the three Hill District
Council Act, 1998 (Amended), CHTRC Act,
1998.

30
9. Repealing of the Hill District (Repeal & Application of Laws and
Special Rules) Act, 1989;
10. Repealing of the Land Khatian (Chittagong Hill Tracts) Ordinance,
1984:The following measures may be taken on the part of the
government:
• Repealing of the Land Khatian (CHT) Ordinance,
1984 and
• Instead, enactment of new Survey Act in
consonance with the Laws and Rules of CHT.
11. Amendment of the CHT Land Dispute Disposal Commission Act,
2001:
Measures:
a. To finalize the Draft Amendment of the
said Act through holding discussion
with the CHTRC for the last and
b. To amend the Land Dispute
Commission Act, 2001.
12. Enactment of the Electoral Roll Rules for the HDCs;
13. Enactment of the Election Rules for the HDCs;
14. Amendment of the CHTDB Ordinance, 1976;
15. Transfer of Subjects to HDCs: All Subjects be transferred to the
HDCs as defined in the CHT Accord, 1997 and in the HDC Act,
1998 (Amended).
16. Inclusion of a Rule to the effect that the Social Forestry Rules, 2004
shall not be applicable to CHT;
17. Amendment of the CHT Forest Transit Rules, 1973 & 2010:
Measure:
To amend the Chittagong Hill Tracts Forest Transit
Rules, 1973 in consultation with the CHTRC and the
concerned HDC.
18. Amendment of the CHT (Land Acquisition) Regulation 1958;
19. Amendment of the Rules of the CHT Bazaar Fund, 1937;
Measures:
a. To amend the Rules of CHT Bazaar Fund, 1943
b. To make it compatible with the laws of CHT.
20. Inclusion of the Rules of application to the Police Regulation of
Bengal, 1943 in consonance with the Acts of CHTRC & HDCs:

31
21. Inclusion of Rules in Forest Act, 1927 related to CHT as per the
HDC Act, 1998 (Amended) and CHTRC Act, 1998;
22. Inclusion to the Electoral Roll Ordinance, 1982: Amendment to this
rule should be brought in by inclusion of several rules in consonance
with the Hill District Council Act, 1998 (Amended) and the
Chittagong Hill Tracts Regional Council Act, 1998.
23. Inclusion of Rules to several sections of the Upazila Parishad Act,
2009 applicable to CHT;
Measures:
a. To include a provision to the effect that the
Upazila Parishad Act, 2009 shall be in force in
resonance with the CHT Laws i.e. HDC Act, 1998
(Amended), CHTRC Act, 1998.
b. Besides, to add rules to various Sub-Sections
including the fixation of boundaries of the
constituencies and development programs.
24. Amendment to several Sections of the Local Government (Union
Parishad) Act, 2009.
Measures:
a. Inclusion of Rule to the effect that the Union
Parishad Election Rule shall be applicable in
consonance with the Laws of CHT i.e. the HDC
Act, 1998 (Amended) and CHTRC Act, 1998.
b. Inclusion of the Rules to various Sub-Sections
including the fixation of boundaries of the
constituencies and development programs.
25. Amendment to the existing Upazila Parishad Election Rule, 2009
and Union Parishad Election Rule, 2009.
Measures:
• Inclusion of Rule to the effect that the Upazila
Parishad Election Rule, 2009 and
• The Union Parishad Election Rule, 2009 shall
be applicable to CHT, i.e. the HDC Act, 1998
(Amended) and CHTRC Act, 1998.
26. Bringing the local bodies under MoCHTA: The local bodies like
Union Parishad, Upazila Parishad, Pourasabha (Municipalities), etc.
should be brought under the control of MoCHTA;
27. Holding of Elections for HDCs and CHTRC: Elections of the HDCs
and CHTRC have not been held since the very inception of their
formations as a result of which the institutions lack the peoples’
choice for representation in the self-rule system;

28. Arousing awareness and conducting training: The policy /decision
makers including the concerned officials should be undergone
training on the CHT administrative system, history, culture, tradition
and heritage of CHT so as to enable them to attain proper
understanding of the new administrative system and its significance
in the democratic institution, the policy/decision makers and
government officials;
29. Fulfillment of Manpower in CHTRC: The inconveniences due to
shortfall in the manpower should be addressed as per the approved
oranogram of CHTRC so as to get it upgraded in accordance with
the proposed long-term organogram;
30. Construction of the CHTRC Complex: Lacking of infrastructure
facilities has been all the more a longstanding problem with the
CHTRC, which hampers even the day to day activities of the
institution;
32
Conclusion:
Introduction of the Special Administrative System in CHT, is a challenge,
itself. It is yet to overcome the impediments stemming out of legal and
administrative complications, which deserve to be addressed with immediate
effect. It is also a fact that the acceptance of this administrative system largely
depends upon the mind-set-up of our civic polity and the bureaucratic quarters.
Moreover, there is strong anti-political stand on decentralization of power at
national level, which poses a serious threat to the CHT Accord. In addition, it
may also be mentioned that the government has also to deal with the anti-CHT
Accord elements existing at both national and regional levels.
Therefore, in greater perspective, the self-governing system of CHTRC atop
the three Hill district Councils is an upstairs of being in the democratic
mechanism whereby the peoples can have an access to the institutionalizing of
the rules for themselves rather than having been imposed upon mechanically.
The Institution acts upon as the set of peoples’ representatives to oversee the
performances of other representatives of the peoples. It deals with the rights
and general welfare of the peoples of all strata while ensuring the
proportionate ethnic representation in participatory manner. Hence, the selfgoverning
CHTRC may be ascribed to be a ‘mile stone’ towards ensuring
rights for the permanent residents of CHT within the democratic set up.
~ 0 ~

Annexure - 01
CHITTAGONG HILL TRACTS ACCORD, 1997
SIGNED BETWEEN
THE NATIONAL COMMITTEE ON CHTs AFFAIRS CONSTITUTED BY
THE GOVERNMENT OF BANGLADESH
AND
PARBATYA CHATTAGRAM JANA SAMHATI SAMITI (PCJSS)

AGREEMENT BETWEEN THE NATIONAL COMMITTEE
ON CHITAGONG HILL TRACTS AFFAIRS CONSTITUTED BY
THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH
AND THE PARBATYA CHATTAGRAM JANA SAMHATI SAMITI (PCJSS)
1
Reposing full and unswerving allegiance to the State-sovereignty and territorial integrity of
Bangladesh, with a view to upholding the political, social, cultural, educational and economic
rights of all the citizens of the Chittagong Hill Tracts region and expediting their socio-economic
development process and preserving and developing the respective rights of all the citizens of
Bangladesh, the National Committee on Chittagong Hill Tracts Affairs, on behalf of the
Government of the People's Republic of Bangladesh and the Parbatya Chattagram Jana Samhati
Samiti, on behalf of the inhabitants of the Chittagong Hill Tracts region, have reached the
following Agreement comprising of four Parts (A, B, C & D), within the ambit of the
Constitution of the People’s Republic of Bangladesh
GENERAL:
PART - A
1. Both the parties, having considered the Chittagong Hill Tracts region as a tribes-inhabited
region, have recognized the necessity of preserving the characteristics of this region and
attaining the overall developments thereof;
2. Both the parties have agreed to bring alteration, amendment and incorporation to the relevant
Laws, Rules and Manuals in consonance with the consensus and responsibilities expressed in
different sections of this Agreement in accordance with law as early as possible;
3. In order to monitor the implementation process of this Agreement, an Implementation
Committee shall be formed with the following members:
a) A member to be nominated by the Prime Minister : Convener
b) The Chairman of the Task Force formed within the
Purview of this agreement : Member
c) The President of the Parbatya Chattagram Jana
Samhati Samiti : Member
4. The Agreement shall come into force from the date of its execution and signing by both the
parties. This Agreement shall remain in force from the date of its putting into effect to the
extent until all the performable steps are executed on the part of both the sides.
PART – B
HILL DISTRICT LOCAL GOVERNMENT COUNCIL/HILL DISTRICT COUNCIL:
Both the parties have reached in consensus in the aiming at and in the matter of bringing
alteration, amendment, repealing and incorporation to the Hill District Local Government Council
Act, 1989 (Rangamati Hill District Local Government Council Act, 1989, Bandarban Hill District
Local Government Act, 1989 and Khagrachari Hill District Local Government Act, 1989) and its
various sections, existent prior to the putting of this Agreement into effect, as mentioned herein
under:

2
1. The word "Tribe" used in various sections of the Council Act shall remain in place.
2. Having the name of "Hill District Local Government Council” amended and instead, this
Council shall be identified as the “Hill District Council.”
3. "Non-tribal Permanent Resident" shall mean a person who is not a tribal and has land of
lawful entitlement in the hill districts and usually, lives in the hill districts at a specific
address.
4. a) There shall be 3 (three) seats for women in every Hill District Council. One third (1/3)
of these seats shall be for the non-tribal.
b) Sub-sections 1, 2, 3 and 4 of Section 4 shall remain in force as per the original Act.
c) The words "Deputy Commissioner" and "Deputy Commissioner’s" appearing in the
second line of Sub-section (5) of Section 4 shall be replaced by the words "Circle Chief"
and "Circle Chief's" respectively.
d) The following Sub-section shall be added to Section 4: "Whether a person is a non-tribal
and if so, to which community he belongs, shall be determined, subject to his producing a
certificate from the concerned Mouza Headman/Union Council Chairman/Municipality
Chairman, by the concerned Circle Chief and to that regard, without a certificate obtained
from the Circle Chief, no person shall be eligible to be a candidate for the post of “nontribal
member" as a non-tribal
5. It is provided in Section-7 that a person elected to the post of Chairman or Member shall,
before assumption of office, take swear or affirm oath before the Commissioner of
Chittagong Division. Having this amended, the part to be placed shall be, the members shall
be made their taking of oath of office by "some Judge of the High Court Division" in place of
the "Commissioner, Chittagong Division."
6. The words "to the Commissioner, Chittagong Division" appearing in the fourth line of
Section-8 shall be replaced by the words "as per the election rules".
7. The words "three years" in the second line of Section-10 shall be replaced by the words "five
years".
8. In Section-14, there shall be the provision that in the event of the post of Chairman falling
vacant for any reason or of his absence, a tribal member elected by other members of the
Council shall preside over and discharge other responsibilities.
9. The existing Section-17 shall be replaced by the following sentences: "Any person shall be
entitled to be considered as legally eligible for enrolment in the Electoral Roll if, s/he is (1) a
citizen of Bangladesh; (2) not below 18 years of age; (3) has not been declared to be of
mentally unsound by any competent court and (4) a permanent resident of the hill district.”
10. The words "delimitation of constituencies" appearing in Sub-section 2 of Section 20 shall be
distinctly incorporated.

11. There shall be a provision in Sub-section-2 of Section-25 to the effect that the Chairman and
in his absence, a tribal Member elected by the other Members shall preside over all the
meetings of the Council.
12. Since the entire area of Khagrachari district is not encompassed by the Mong Circle. the
words "Khagrachari Mong Chief" appearing in Section-26 of the Act regarding Khagrachari
Hill District Council shall be replaced by the words "Mong Circle Chief and Chakma Circle
Chief". Similarly, there shall be made a scope for the attendance of the Bohmang Chief in the
meetings of Rangamati Hill District Council. In the same manner, there shall be a provision
that the Bohmang Circle Chief, at his will or on being invited, shall be entitled to attend the
meetings of Bandarban Hill District Council.
13. There shall be provisions in Sub-section (1) and Sub-section (2) of Section-31 that there shall
be a Chief Executive Officer equivalent to the rank of a Deputy Secretary of the government
as the Secretary of the Council and the tribal officers shall be given preference for
appointment to this post.
14. a) There shall be provision in Sub-section (1) of Section-32 that the Council, subject to the
approval of the government, shall be in competence of creating posts of officers and
employees of different categories for the purpose of smooth completion of the functions of
the Council.
b) The Sub-section (2) of Section-32 shall be framed in the following manner: "The Council
shall, as per the Regulations, have competence to appoint Class-III and Class-IV
employees and to transfer, suspend, dismiss, remove or otherwise punish them.
Provided that it shall be the condition attached to such appointments that the tribal
residents of the district concerned shall have the right of preference".
c) In sub-section (3) of Section-32, there shall be the provision that the Government, as per
Regulations and in consultation with the Council, shall be in the authority of appointing
the officers in other posts of the Council and getting them transferred to other places,
suspended, dismissed, removed or bringing under any kind of punishment.
15. In Sub-section-3 of Section-33, the words ‘in accordance with’ shall be mentioned.
16. The words "or in any other way as determined by the Government" appearing in the third line
of Sub-section (1) of Section-36 shall be deleted.
17. a) In Sub-section (1) of Section-37, the original law that appears in “Fourthly,” shall remain
in force.
b) The words, ‘shall be as per the Rules,’ shall be mentioned in Sub-section-2(d) of Section-
37.
18. The Sub-section (3) of Sectio-38 shall be made null & void and having the Sub-section-(4)
amended, the following Sub-section shall be framed therein: ‘before the elapse of duration of
any Fiscal Year, there shall be the competency of preparing a budget for that year and getting
it approved, if necessary.’
3

19. The following Sub-section shall be incorporated in Section-42: “The Council shall be in
competency to prepare, undertake and implement of the development projects on the
delegated subjects with the financial support receivable from the Government and all the
development programs undertaken at national level shall be implemented through the Council
by the concerned Ministry/Department/Institution".
20. The word "Government" appearing in the second line of Sub-section (2) of Section-45 shall
be replaced by the word “Council."
21. Sections 50, 51 and 52 shall be repealed and in their stead the following Section shall be
framed up: "In order to ensure the harmonization of functions of the Council, the government,
in need, shall serve the Council with advice or instructive orders, if necessary. If the
Government have already had the proof on any activity done or proposed to be done or was
done on behalf of the Council stands inconsistent with the law or contrary to the public
interest, as such, the government shall be in a position to proceed in pen & ink to the Council
asking for information or explanation on the concerned matter or shall be in the state of
providing with advice or issuing an order thereof.
4
22. The words "on the elapse of duration being in the state of defunct" appearing in Sub-section
(3) of Section-53, shall be repealed and instead, the words "Within 90 days of the
cancellation of Council" shall be inserted before the words "this Act".
23. The word "Government" shall be replaced by the word "Ministry" in the third and fourth lines
of Section-61.
24. a) The Sub-section (1) of Section-62 shall be amended as follows: "Notwithstanding
anything contained in any other law for the time being in force, the Sub-Inspectors and all the
members of ranks subordinate thereto of the Hill District Police, shall be appointed by the
Council as per the procedure determined by the Regulation and the Council shall be in
competency to transfer and take punitive action against them in accordance with the
prescribed procedure of the Regulation;
Provided that, in case of the said appointment, the preference for the tribal peoples of the
district shall have to be kept therein.
b) The words "subject to the provisions of all other laws for the time being in force" that
appear in the second line of Sub-section (3) of Section-62 shall be repealed and be
replaced by the words "as per law and rules."
25. The words "to render assistance" occurring in the third line of Section-63 shall remain intact.
26. Section-64 shall be amended and framed up as follows:
a) Notwithstanding anything contained in any other law in force for the time being, no land
and premises including the Khas lands capable of being given for settlement, within the
jurisdiction of the Hill Districts, shall not be given in settlement, purchase, sale, transfer
of ownership including giving in lease without prior permission of the Council;

Provided that this provision shall not be applicable to the Reserved Forests, Kaptai
Hydro-electric Project areas, Betbunia Satellite Station areas, State-owned industrial
areas and to the lands recorded in the name of the Government".
b) "Notwithstanding anything contained in any other law for the time being in force, no
lands, hills or forest areas fallen under the control and within the jurisdiction of the
Council, shall be acquired or transferred by the Government without consultation with or
the consent of the Council.
c) The Council shall be in competency to supervise and control the functions of the
Headmen, Chainmen, Amins, Surveyors, Kanungos and Assistant Commissioner (land).
d) The fringe lands of the Kaptai Lake shall be given in settlement to the original owners on
priority basis.
27. Section-65 shall be amended and formulated as follows: "Notwithstanding anything
contained in any other law for the time being in force, the responsibility of collecting the
Land Development Tax of the district shall rest in the hands of the Council and the collected
tax of the district shall remain deposited in the fund of the Council."
28. Section-67 shall be amended and formulated as follows: "in the event of necessity for
harmonization of the functions of the Council and the Governmental authorities, the
Government or the Council shall raise proposals on specific subject and the harmonization of
the functions shall be put to effect through mutual communications between the Government
and Council".
29. Sub-section (1) of Section-68 shall be amended and formulated as follows: "With a view to
carrying out the purposes of this Act, the Government, upon consultation with the Council,
shall be in the state of formulation of Rules by Notification in the Government official
Gazette and as such, the Council shall have the special right to apply to the Government for
review of the said Rules even after having already been formulated".
30. a) The words "in accordance with prior approval of the Government" occurring in the first
and second lines of Sub-section (1) of Section-69 shall be repealed and after the words "shall
be in competency of doing" appearing in the third line, the following provision shall be
incorporated:
"Provided that if the Government does have disagreement with any part of the
Regulations made, as such, the government, shall be in competency of giving advice or
directives to the Council towards bringing amendments to the said regulations".
b) The words "delegation of power of the Chairman to any officer of the Council" in Subsection-2
(h) of Section 69, shall be repealed.
31. Section-70 shall be repealed.
32. Section-79 shall be amended and formulated as follows:
5

In consideration of the Council, if any law applicable to Chittagong Hill Tracts enacted by the
National Parliament or any other authority, appears to be hard-some or objectionable to the
tribal peoples, the Council, shall be in the state of submitting an appeal to the government for
bringing amendment to or for relaxation in application of the law mentioning the reasons
thereof and as such, the government shall be in the state of taking remedial measures in
accordance with the appeal.
33. a) Immediately after the word "discipline" appearing in serial number 1 of the Functions of
Hill District Council under Schedule-I, the word “Supervision” shall be inserted.
b) In serial No.3 of the Functions of the Hill District Council, the followings shall be
incorporated: "(1) Scholarship education, (2) Primary education through mother tongue
and (3) Secondary education".
c) The words "reserved or" appearing in Sub-section 6(b) of the Functions of Hill District
Council shall be repealed.
34. The following subjects shall be incorporated in the Functions and Duties & Responsibilities
of the Hill District Council:
a) Land and Land Management;
b) Police (local);
c) Tribal Customary Law and social justice;
d) Youth Welfare;
e) Environmental Preservation and Development;
f) Local Tourism;
g) Improvement Trust and other institutions concerning local administration other than
Municipality and Union Council;
h) Issuing license for local Trade & Commerce and industries;
i) Proper utilization and irrigation system of rivers, streams, canals and natural reservoirs
other than water resources of the Kaptai Lake;
j) Preservation of statistics of births and deaths;
k) Money lending Business;
l) Jum cultivation.
35. The following areas and sources shall be incorporated in the Council imposed tax, rates, tolls
and fees as stated in the Second Schedule:
a) Registration fee of non-mechanical transports;
b) Tax on buying and selling of commodities;
c) Holding tax on lands and buildings;
d) Tax on selling of domestic animals;
e) Fees for community adjudication;
f) Holding tax on Government and Non-government industries;
g) A specified part of the royalty on forest resources;
h) Supplementary Tax on Cinema, Theatre and Circus;
i) Part of the royalty received by the Government against granting Licenses or Pattas for the
exploration or mining of mineral resources;
j) Tax on business;
k) Tax on lotteries;
l) Tax on Fishing.
6

PART - C
7
CHIITAGONG HILL TRACTS REGIONAL COUNCIL:
1. Subject to amendment and incorporation in various Sections of the Hill District Local
Government Council Act, 1989 (Acts XIX, XX and XXI of 1989) a Regional Council shall
be formed comprising the three Hill District Local Government Councils for purpose of
making the Hill District Councils more powerful and effective.
2. The status of Chairman of this Council to be elected indirectly by the elected Members of
Hill District Council shall be of equivalent to that of a State Minister and he shall necessarily
be from among the tribal peoples.
3. The Council shall consist of 22 (twenty-two) Members including the Chairman. Two third of
the Members shall be elected from amongst the tribals. The Council shall determine the
modality of its functioning.
The formation of the Council shall be as follows:
Chairman
1 person
Member (tribal male)
12 persons
Member (tribal female)
2 persons
Member (non-tribal male)
6 persons
Member (non-tribal female)
1 person
Of the male tribal Members, 5 shall be elected from the Chakma tribe, 3 from the Marma
tribe, 2 from Tripura tribe, 1 from the Murung and Tanchangya tribes and 1 person from
amongst the Lusai, Bowm, Pankho, Khumi, Chak and Khiang tribes.
Of the male non-tribal Members, 2 persons shall be elected from each district.
Of the female tribal Members, 1 person shall be elected from the Chakma tribe while the
other person from the rest of the tribes.
4. There shall be 3 (three) seats reserved for the women in the Council and one third (1/3) of
them shall be for the non-tribal communities.
5. The Members of the Council shall be elected indirectly by the elected Members of the three
Hill District Councils. The Chairmen of the three hill districts shall be ex-officio Members of
the Council and they shall have the right to vote. The qualifications and disqualifications of
candidature for membership of the Council shall be similar to that of the Members of the Hill
District Councils.
6. The tenure of office of the Council shall be for a period of 5 (five) years. The procedure and
other matters regarding the preparation and approval of the budget of the Council, dissolution
of the Council, framing of the Rules of the Council, appointment and control of the officers
and employees, etc. shall be similar to that of the given the procedure and other matters as are
applicable to the Hill District Councils.

7. In the Council, there shall be a Chief Executive Officer of the rank equivalent to that of a
Joint Secretary of the Government and the tribal candidate shall be given preference for
appointment to this post.
8. a) If the post of Chairman of the Council falls vacant, one person from amongst the other
tribal members shall be elected indirectly by the Members of the three Hill District Councils
for the interim period.
b) If any post of a Member of the Council falls vacant for any reason, it shall be filled up by
by-election.
9. a) The Council shall conduct over all supervision and coordination of all the affairs that
within the purview of and the subjects entrusted upon the three Hill District Councils
including the all developing programs executed under the three Hill Districts. Besides, in the
event of lack of coordination or any inconsistency being found in the discharging of duties
entrusted upon the three Hill District Councils, the decision of the Regional Council shall be
the final.
b) This Council shall supervise and coordinate the Local Councils including the
municipalities.
c) The Regional Council shall supervise and coordinate the three hill districts in matters of
general administration, law & order and development.
d) The Council shall coordinate the activities of the NGOs in addition to Disaster
Management and carrying out the Relief Programs.
e) Tribal Customary law and community adjudication shall be within the jurisdiction of the
Regional Council.
f) The Council shall be competent to grant License for heavy industries.
10. The Chittagong Hill Tracts Development Board shall discharge the assigned duties under the
general and overall supervision of the Council. In the event of appointing the Chairman, the
Government shall prioritize the eligible tribal candidate for the post of Chairman of the
Development Board.
11. In the event of any inconsistency being found in respect of the Hill District Local
Government Act, 1989 with that of Chittagong Hill Tracts Manual, 1900 and other related
Laws, Rules and Ordinances, as such, the inconsistencies shall be removed through legal
measures in consultation and recommendation of the Council.
12. Until the formation of the Regional Council through direct and indirect election, the
Government shall be competent to constitute an interim Regional Council and to empower it
with the transferable duties and responsibilities.
13. While making any law relating to Chittagong Hill Tracts, the Government shall formulate the
law in consultation with and as per recommendation of the Regional Council. In the event of
probable impact of adverse consequence to the development of the three Hill Districts and on
the way to welfare of the peoples of Chittagong Hill Tracts, as such, if it necessitates to
8

amend such laws or frame up new laws, the Regional Council shall be competent of making
an appeal to the government or placing recommendations thereof.
14. The sources of the Council Fund shall be as follows:
a) Money received from the District Council Fund;
b) Money or profits received from all the properties vested in or managed by the Council;
c) Loans and grants from the Government and other authorities;
d) Grants given by any institution or person;
e) Profits earned from the investments of the Council Fund;
f) Any money received by the Council;
g) Money received from other sources provided to the Council as per direction of the
Government.
PART – D
REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS:
In order to restore normalcy in the Chittagong Hill Tracts region and, to that end, in respects of
rehabilitation, general amnesty and allied works & issues, both the parties have arrived at
consensus mentioned below and have agreed to undertake programs as follows:
1. With a view to bringing the tribal refugees staying in the Tripura State of India back to the
country, an agreement was signed on the 9th day of March,'97 at Agartala of Tripura State
between the Government and the Leaders of tribal refugees. According to that Agreement,
the tribal refugees started coming back to the country since 28th day of March,'97. This
process shall remain unabated and to that end all possible cooperation shall be extended from
the end of Jana Sanghati Samiti. Having the internally displaced peoples of all the three hill
districts identified, the measures for their rehabilitation shall be undertaken through a Task
Force.
2. After the signing of Agreement between the Government and Jana Sanghati Samiti and
implementation thereof, and following the rehabilitation of the tribal refugees and internally
displaced tribal peoples, the Government shall, in consultation with the Regional Council to
be constituted in accordance with this Agreement, start with the Land Survey with
immediate effect; and having the land and land related disputes settled through proper
verification, and through finalization of the land ownership of the tribal peoples, shall ensure
their lands documented and the land rights thereby.
3. In order to ensure the land-ownership of tribal families having no land or having lands below
2 (two) acres, the Government shall, subject to availability of lands in the locality, ensure the
settlement of 2 (two) acres of land per family. In the event of non-availability of the required
amount of land, in that case, the grove-lands shall be allotted for settlement.
4. A Commission (Land Commission) shall be constituted under the leadership of a retired
Justice for settlement of disputes regarding lands and premises. Apart from the speedy
settling of land disputes of the rehabilitated refugees, this Commission shall be in full power
9

to cancel the ownership of those lands and hills that had been illegally given to settlement
and forcibly encroached till date. The decision of this Commission shall be deemed to be the
final and no appeal thereof shall be entertained against the verdict of the Commission. This
provision shall also be applicable to the Fringe lands.
5. This Commission shall be constituted with the following Members:
a) A Retired Justice;
b) The Circle Chief (concerned)
c) The Chairman/Representative of the Regional Council;
d) The Divisional Commissioner/Additional Commissioner;
e) The Chairman of the District Council (concerned).
10
6. a) The tenure of office of the Commission shall be for a period of three years. However, its
tenure shall be extendable in consultation with the Regional Council.
b) The Commission shall resolve the disputes in consonance with the law, custom and
practices already in force in the Chittagong Hill Tracts.
7. The loans borrowed by the tribal refugees from the Government institutions but could not be
properly utilized due to contending situation, shall be exempted including the interest
thereof.
8. Lands allotted for rubber cultivation and other allocated lands: Of those non-tribal and nonlocal
individuals allocated with the lands for rubber and other plantations, the individuals
who did not undertake any projects or make proper utilization of the allotted lands so far, the
allotment of such categories of lands shall be cancelled.
9. The Government shall allocate additional fund on priority basis for the implementation of
more projects in numbers towards development in the Chittagong Hill Tracts. The
Government shall implement new Projects on priority basis for the construction of required
infrastructure for the development of the region and shall allocate necessary fund for the
purpose. Keeping the environment of this region in view, the Government shall encourage
the development of tourism facilities for the domestic and foreign tourists.
10. Quota reservation and stipend grant: The Government shall retain the maintenance the quota
system for the tribal peoples in the institutions of government services and higher studies
until the region attains equivalence with that of the other regions of the country. Aiming at
attaining the aforesaid extent, the Government shall grant more number of stipend
allocations for the tribal students in the educational institutions. The Government shall
provide with necessary scholarships for higher education and research in abroad.
11. The Government and the elected Representatives shall strive to keep up the distinction of
tribal heritage and culture. The Government shall extend an up-to-the-mark patronization
and assistance to develop the tribal cultural activities to the national level.

12. The Jana Sanghati Samiti, within 45 (forty five) days of the signing of this Agreement, shall
submit the lists of all its members including the members of the armed wing and the
statement of weapons and ammunitions within and under its control, to the Government.
13. The Government and the Jana Sanghati Samiti, within 45 (forty-five) days of the signing of
this Agreement, shall jointly determine the date, time and place for deposition of arms. After
the determination of the date, time and place for deposition of arms and ammunitions of the
listed members of Jana Sanghati Samiti, all sorts of security shall be provided to the
members & their families of the Jana Sanghati Samiti as per the list for their return to normal
life.
14. The Government shall declare amnesty for those members of the Jana Sanghati Samiti who
will deposit their arms and ammunitions on the scheduled date. The Government shall
withdraw all those cases, which were lodged against them.
15. In the event of any person's failure to deposit arms within the specified time limit, the
Government shall take legal action against such a person.
16. The General Amnesty shall be given to all the members of the Jana Samhati Samiti after their
return to normal life and the General Amnesty shall also be given to all the permanent
inhabitants connected with the activities of the Jana Samhati Samiti.
a) For the purpose of rehabilitation of the returnee members of the Jana Samhati Samiti, an
amount of Taka 50,000/00 per family shall be given at a time.
b) Including the members of the armed wings, the members of the Jana Sanghati Samiti,
against whom the cases were filled; the arrest warrants, ‘hulias’ were issued or sentences
were given in the trial in their absentia; after deposition of arms and their return to
normal life, as early as possible, all the cases lodged and the arrest warrants & ‘hulias’
issued against them, shall be withdrawn and the sentence pronounced during the trials in
their absentia shall be exempted. Even if any member of the Jana Sanghati Samiti suffers
the tenure of sentence in the jail, shall also be released.
c) Similarly, after the event of the deposition of arms and returning to the normal life, no
case shall be filed to sue against or given punishment or taken to arrest any person only
on the ground of had been a member of the Jana Samhati Samiti.
d) The loans taken from Government Banks and Establishments by the Jana Samhati Samiti
members, who could not utilize their loan properly due to prevalence of contending
situation, as such, their loan shall be exempted including the interest thereof.
e) From among the returnee members of Jana Sanghati Samiti, those who had been in the
services with the government or government offices earlier, shall be reinstated to their
respective posts and the members of Jana Sanghati Samiti and their family members,
shall be given appointment in the services in accordance with their qualifications. In this
regard, the relaxation to the age limit shall be applicable as per the Service Rules of the
government.
11

f) The members of Jana Sanghati Samiti shall be given preference in receiving loans from
the Banks under easy conditions as to provide them with the assistance of selfemployment
schemes on cottage industries and mixed fruits plantation.
g) Education facilities shall be provided to the children of members of the Jana Samhati
Samiti and their certificates obtained from the foreign Boards and academic Institutions
shall be treated as valid.
17. a) Following the signing and execution of the Agreement between the Government and Jana
Sanghati Samiti and immediately after the return of the members of Jana Sanghati Samiti to
normal life, all the temporary camps of the army, the Ansars and the Village Defense Party
(VDP), with an exception to Border Security Force (BDR) and permanent army
establishments (being those three located at the three hill district headquarters and those
stationed at Alikadam, Ruma and Dighinala), shall be withdrawn from Chittagong Hill
Tracts to the permanent cantonments in phases and there shall be a time limit to be fixed for
the purpose. In the events of the deterioration of the law & order situation, natural calamities
and in all other similar cases, as it is exercised in all other regions of the land, the army may
be deployed under the civil administration by precisely following the laws and rules thereof.
In this regard, as per the necessity and the time, the Regional Council shall be in the
competency of making request to the competent authority seeking for assistance.
f) The abandoned lands and premises following the withdrawal of the military cantonments
and Para-military camps shall be given back to their respective owners or shall be
handed over to the concerned Hill District Council.
18. In all the posts of the Executive ranks and various classes of employees for absorption in all
the government, semi-government, Councils and autonomous-body offices of Chittagong
Hill Tracts, the permanent residents of Chittagong Hill Tracts shall be appointed with
preference to the tribal peoples. However, on unavailability of candidate from among the
tribal peoples qualified for certain post, as such, appointment for the post shall be met by
placing in lien or appointing for a fixed period of time.
12
19. Having one Minister appointed from among the tribal peoples, a Ministry of Chittagong Hill
Tracts Affairs shall be established. In order to assist this Ministry an Advisory Committee
shall constituted in the following manner:
1) The Minister on Chittagong Hill Tracts Affairs;
2) The Chairman/Representative, Regional Council;
3) The Chairman/Representative, Rangamati Hill District Council;
4) The Chairman/Representative, Khagrachari Hill District Council;
5) The Chairman/Representative, Bandarban Hill District Council;
6) The Member of the Parliament, Rangamati;
7) The Member of the Parliament, Khagrachari;
8) The Member of the Parliament, Bandarban;
9) The Chakma Raja
10) The Bohmong Raja
11) The Mong Raja
12) Three non-tribal Members nominated by the Government from amongst the permanent
residents of the three hill districts.

This Agreement is prepared in the aforesaid manner in Bengali and executed and signed in
Dhaka on Agrahayan 18, 1404 corresponding to December 02, 1997.
13
On Behalf of the Government of the
People's Republic of Bangladesh
On Behalf of the inhabitants of Chittagong
Hill Tracts
Sd/Illegible
(Abul Hasanat Abdullah)
Convenor,
National Committee on Chittagong Hill
Tracts, Government of Bangladesh
Sd/Illegible
(Jyotirindra Bodhipriya Larma)
President,
Parbatya Chattgram Jana Samhati Samiti
~ 0 ~

Annexure - 02
CHITTAGONG HILL TRACTS REGIONAL COUNCIL ACT,
1998
[ACT 12 OF 1998]
Passed in Bangladesh National Assembly
on May 24, 1998/10th Jaistha, 1405

Bangladesh National Assembly
Dhaka, May 24, 1998/10th Jaistha, 1405
1
The following Act enacted by the National Assembly received the assent of the President on May
24, 1998 (10th Jaistha 1405) and is being hereby published for information of the people in
general.
Act 12 of 1998
Formulated for establishment of the Chittagong Hill Tracts Regional Council.
Whereas, Chittagong Hill Tracts is a region inhabited by the backward tribal people and it is
necessary to adopt special measures for development of the underdeveloped areas; and
Whereas, it is necessary to expedite the socio-economic development process and uphold the
political, social, cultural, educational and economical rights of the people of Chittagong Hill
Tracts including the tribal peoples of this region;
And
Whereas, aiming at the over all developments of the citizens of Bangladesh including the
objectives as aforesaid, having placed full and unshaken allegiance to the state sovereignty and
integrity of Bangladesh, the National Committee For Chittagong Hill Tracts Affairs and Parbatya
Chattagram Jana Sanghati Samiti executed an Agreement on the last 18 Agrahayan, 1404 Bengali
Year corresponding to the 2 nd December 1997, within the framework of the Constitution of the
People’s Republic of Bangladesh.;
And
Whereas, as the part of implementation of the said Agreement, it is expedient and necessary to
frame up a law for setting up a Regional Council for co-ordination and execution of the other
related functions of the three Hill District Councils;
For the reasons thereof, the Act is laid down herein under:-
1. Short Title and Introduction: (1) This Act shall be called the Chittagong Hill Tracts Regional
Council Act, 1998.
(2) The Act shall be put in force on and from the date as may be fixed by the Government through
notification in the official gazette of the government.
2. Definition: Unless there is anything repugnant to the subject or context, in this Act shall be -
(a) “Non-Tribal” means a person who is not a tribal;
(b) “Non-Tribal Permanent Resident” means a person who is not a tribal person and has legal
lands & premises in the hill district and generally, he resides in a definite address of that
district:
(c) “Tribal” means some member of the Chakma, Marma, Tanchangya, Tripura, Lusai,
Pankho, Khiyang, Mro, Bawm, Khumi and Chak tribal peoples living permanently in the
Hill Districts.
(d) “Chairman” means the Chairman of the Council;
(e) “Council” means the Chittagong Hill Tracts Regional Council set up under this Act.

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(f) “Hill Districts” mean Rangamati, Khagrachari and Bandarban Hill Districts.
(g) “Hill District Council” means Rangamati Hill District Council, Khagrachari Hill District
Council and Bandarban Hill District Council;
(h) “Regulation” means any regulation made under this Act;
(i) “Rule” means any rule made under this Act;
(j) “Member” means member of the Council;
(k) “Local Authority” means any statutory body of the Hill Districts formed by or under any
law.
3. Establishment of the Chittagong Hill Tracts Regional Council:(1) After putting the Act in
force, as soon as possible, a Council called the Chittagong Hill Tracts Regional Council shall be
established under the provisions of this Act.
(2) The Council shall be a statutory body and it shall be in its permanent continuity and shall have
a common seal of its own and subject to the rules of this Act, it shall have the power of earning,
keeping in possession and transferring both the moveable and immoveable properties and shall be
competent of filling suit or it shall be sued against.
4. The Office of the Council, etc: (1) The Head Office of the Council shall be located at a place
fixed by the government among of the hill districts.
(2) The Council, subject to the approval of the government, shall be in competency of setting up
Branch Offices in the hill districts.
5. Formation of the Council:
(1) Subject to the other provisions of this Section, the Council shall be set up comprising of
the following members, such as:-
(a) Chairman;
(b) Twelve Tribal Members;
(c) Six Non-Tribal Members;
(d) Two Tribal Female Members;
(e) One Non- Tribal Female Members;
(f) The Chairmen of the three Hill District Councils, ex-officio;
(2) The Chairman shall be elected from among the tribal peoples.
(3) Under the Sub-section-1(b), from amongst the tribal members -
(a) Five shall be elected from the Chakma tribe
(b) Three shall be elected from the Marma tribe.
(c) Two shall be elected from the Tripura tribe.
(d) One shall be elected from the Mro and Tanchangya tribe.
(e) One shall be elected from the Lushai, Bom, Pankho, Khumi, Chak and Khiang tribe.

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(4) Of the non-tribal members as mentioned in Sub-section 1 (c), two shall be elected from
each of the hill districts.
(5) Of the tribal female members, as mentioned in Sub-section 1(d), one shall be elected from
among the Chakma tribal women and the remaining one shall be elected from among the
other tribal women.
(6) As mentioned under Sub-section 1(e), the non-tribal female member shall be elected from
among the non-tribal women of the three hill districts.
(7) The members of the Council, as mentioned under Sub-section 1(f), shall have the right to
franchise.
(8) Whether a person is a non-tribal and if so, to which community he belongs that shall be
determined by the Circle Chief on the basis of the certificates issued for the purpose by the
concerned Headman, or Union Council Chairman or in due cases, by the Municipality
Chairman and in this context, without a certificate from the Chairman, no person shall be
entitled to be a candidate for the post of any non-tribal member.
(9) Whether a person is a tribal and if so, to which tribal community he belongs, shall be
determined by the Circle Chief and without the certificate obtained from the Circle Chief to
that effect, no person shall be a candidate for the post of a tribal member.
6. The Election of Chairman and other Members: With an exception to the members as
mentioned under Section-5(1), all the other members including the Council Chairman shall be
elected by the Chairmen and the members of the district councils as per the rules.
7. Eligibility and ineligibility of Chairman: (1) Any person who is eligible to be elected as the
tribal member shall be eligible to be elected as the Chairman.
(2) Any person, who is not eligible to be elected or to remain as a tribal member, shall not be
eligible to be elected or remain as the Chairman.
8. Eligibility and ineligibility of the tribal and Non-Tribal Members: (1) Any person, who is a
citizen of Bangladesh, a permanent resident of any hill district, a member of a tribal community
and has attained the age of 25 years, shall be eligible, subject to the provision contained in Subsection
(3), to be elected as a tribal member for the seat reserved for his tribal community.
(2) Any person, who is a citizen of Bangladesh, a permanent resident of any hill district, a nontribal
and has attained the age of 25 years, shall be eligible, subject to the provision contained in
Sub-section (3), to be elected a non-tribal member for the seat reserved for non-tribal community.
(3) No person shall be eligible to be elected and remain as a tribal or non-tribal member, if-
(a) He/she forsakes or ceases to be the citizenship of Bangladesh.
(b) He/she is declared to be an insane person by the court of law;

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(c) He/she has not been relieved of liabilities after having been declared to be a bankrupt;
(d) He/she leaves the hill district for living elsewhere permanently;
(e) He/she, having been convicted for moral turpitude by a the criminal court and sentenced
for at least two years and a period of five years has not elapsed after his release;
(f) He/she holds a full time profitable post in the office of the Republic, the Council or any
other local authority.
(g) He/she is a Member of Parliament or acts as a chairman or a member of any local
authority in the hill districts;
(h) He/she has fallen defaulter in paying already elapsed any outstanding loan received from
Sonali Bank, Agrani Bank, Janata Bank, Rupali Bank, Shilpa Bank, Shilpa Rin Sangstha
or Krishi Bank or any other scheduled Bank or any other financial institution.
Explanation: Financial institution, as mentioned under Sub-section (h), means any financial
institution as referred to under Financial Establishment Act, 1993 (Act 27 of 1993)
9. Oath-taking by Chairman and Members: The person elected for the post of Chairman or
Member, before taking the charge of the office, shall take an oath or make a declaration and sign
the oath-taking and declaration form given herein under before a judge of the High Court
Division nominated for this purpose by the President of the State, such as:-
“I, . . . . . . . . . . . . . . . . . . . . . . . . . . Father/husband . . . . . . . . . . . . . . . . . . . . . . . . being
elected as the Chairman/member of the Chittagong Hill Tracts Regional Council, do hereby
solemnly swear and declare that I will perform my duties of my post with faithfulness and I
will bear in me the genuine faithfulness and loyalty towards Bangladesh.”
10. Declaration relating to the Property: The Chairman and every Member, before assuming
the office, shall, in accordance with the election rules, submit a written statement of all movable
and immovable properties in which he/she or any member of his/her family has title, possession
and interest.
Explanation: “Family member” shall mean the husband or wife of the concerned Chairman or
member and his/her children, parents and brothers and sisters who are fully dependent on him/her
and are living with him/her.
11. Privileges of the Chairman and Members: (1) The Chairman shall have the status and
enjoy other privileges of a State Minister of the Government.
(2) The privileges of other members shall be determined by the regulations.
12. Tenure of the Council: Unless it is dissolved under the provisions of Section-41, the council
shall have the tenure of five years from the date of its first session:
Provided that even after the expiry of the tenure, the Council shall continue with its functions
until the newly elected Council sits for its first session.
13. Resignation from the Chairman and Members: (1) The Chairman shall resign through
submission of a duly signed letter addressed to the government and any member shall resign from
his/her respective post through submission of a duly signed letter addressed to the Chairman.

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(2) The resignation shall be effective from the date of the acceptance of the resignation letter and
the post of the person resigned shall be fallen vacant.
14. Removal of the Chairman, etc.: (1) The Chairman or any member shall be subject to
dismissal if he/she-
(a) remains absent from three consecutive meetings of the Council without any reasonable
ground;
(b) refuses to perform his/her duties and responsibilities or becomes unable to perform such
duties/responsibilities due to physical and mental inabilities; or
(c) is convicted of misconduct or misuse of power or becomes responsible for damage or loss
of money or property of the Council or misappropriation of them.
Explanation: In this Sub-section by the word “Misconduct” shall be meant the misuse of power,
corruption, nepotism and deliberate mal-administration.
(2) The Chairman or any member shall not be removed from his/her post, on any ground as
mentioned under Sub-section (1), unless, with an exception to those as mentioned under
Section-5(1) (f), the motion for his/her removal is passed by at least three-fourth votes of the
total number of members in the Special Council Meeting called for the purpose as per the rule
and the proposal is approved by the government.
Provided that before taking the above decision, the Chairman or the member concerned shall
have to be given a reasonable opportunity to show cause against the proposed decision.
(3) If the decision is approved as per the Sub-section (2), the Chairman or the member
concerned shall have been removed from his/her post.
(4) Not withstanding anything contained in any provision of this Act, any person removed
under this Section shall not be eligible to be elected for any post for the remaining tenure of
Council.
15. The Posts of Chairman and members being fallen vacant: (1) The post of Chairman or the
post of any Member shall fall vacant if -
(a) he/she fails to take an oath or make a declaration under Section-9 within thirty days from
the date of publication of his/her name in the official gazette:
Provided that the government, before the expiry of such tenure, shall be at a position to
extend the period on reasonable grounds.
(b) he/she becomes ineligible to continue with his/her post as mentioned under the Sections 7
and 8;
(c) he/she resigns under Section-3;
(d) he/she is removed from his/her post as mentioned under Section-14;
(e) he/she dies.
(2) If any dispute arises as to whether the Chairman or any member after his/her election has
become ineligible under sections 7 and 8, in order to settle the issue, the Chief Executive
Officer of the Council shall refer the matter to the District Judge having jurisdiction over the
hill district where the Head Office of the Council is situated and if the District Judge
expressed his opinion that the said Chairman or the member has become ineligible as so, and

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as such, he/she shall not remain positioned in his/her post and the post of the Chairman or the
post of the member shall become vacant from the date of the expression pronounced by the
District Judge to that effect:
Provided that if any question under this Sub-section is referred to the District Judge, the
District Judge shall give his/her opinion on the question within not more than 30 days of the
receipt of the letter.
(3) On falling vacant of the post of Chairman or the post of a member, for information to all
the concerned, the matter shall be made to public by publishing in the gazette mentioning the
date of falling vacant.
16. Acting Chairman: If the post of the Chairman falls vacant due to some reasons or his/her
absence or illness or by some reasons the Chairman has become unable to perform his/her duties,
as such, until the newly elected Chairman assumes the office or so long the Chairman becomes
able to resume his/her respective duties again, the members of the Council shall elect an acting
Chairman from amongst the tribal members and the member so elected, shall dispose the
functions as the Chairman.
17. By-election: Before 180 days of the expiry of the Council tenure, if the post of the Chairman
or the post of any member falls vacant, the post being fallen vacant or as is the case, within 60
days of the expression pronounced by the District Judge to the effect that the post has fallen
vacant under Section – 15(2), as such, the vacant post shall have to be filled up through holding
by-election as per the rules and the person who would be elected shall remain in the post for the
remaining part of the tenure.
18. Time for election of the Council: (1) The General Election of the Council shall be held
within 60 days before expiry of the tenure of the Council.
(2) If the council is dissolved under Section-41, as such, the General Election shall be held
under the provision of section-41 (3).
19. Bar to being candidate for the two posts at the same time. No person shall be eligible to
contest for the post of Chairman and for the post of member at the same time.
20. Conduct of election: (1) The Election Commission as set up under the constitution of the
People’s Republic of Bangladesh, herein after referred to as the Election Commission, in
accordance with this Act and Rules, shall conduct the election of the Chairman and members.
(2) The government, by notification in the official gazette, shall formulate the rules for
holding election of the Chairman and members and in the rules as such, the rules shall be
framed up on all the followings or on any matter, such as -
a) For the purpose of conducting election, to appoint Returning Officer, Presiding Officer
and Polling Officer and to entrust upon their powers & Functions;
b) Preparation of the Electoral Roll;
c) Nomination of the candidates, objections to nominations and scrutiny of the nominations;

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d) Security deposit payable by the candidates and refund or forfeiture of the security money;
e) Withdrawal of the candidature;
f) Appointment of agents by the candidates;
g) Method of election in case of contest and election without contest;
h) Time and place of polling votes and other matters relating to the conduct of election;
i) Method of casting vote;
j) Custodianship and distribution of ballot papers and other papers relating to the election
k) The situation under which casting votes can be suspended and resumed;
l) Election expenditure;
m) Corrupted or illegal conducts in the election and other electoral offenses and their
punishment;
n) Election disputes and their trials and settlement; and
o) Any other relevant matters relating to the election.
(3) Under Sub-section (2)(m), provisions for awarding sentence to imprisonment, penalty or
the sentences of both, the term of imprisonment shall not be more than two years and the
amount of penalty shall not be more than Tk. Five Thousand.
21. Publication of the election results of the Chairman and Members: After the election, the
Election Commission shall publish the names of all the elected members in the official gazette as
soon as possible.
22. The functions of the Council: The functions of the Council shall be as follows, such as -
a) Overall supervision and coordination of all development activities under the Hill District
Councils and all other matters under its jurisdiction:
Provided that during supervision and coordination under this Section, if any dispute over any
issue arises between the Regional Council and the Hill District Council or amongst more than one
hill district councils, then the decision of the Regional Council, subject to the provision of this
Act, shall be final.
b) Supervision and Coordination of the local councils including the municipalities;
c) Overall supervision and coordination of the Chittagong Hill Tracts Development Board
set up under the Chittagong Hill Tracts Development Board Ordinance, 1976 (LXXVII of
1976);
d) Supervision and Coordination of the General Administration of the hill districts, law and
order and development;
e) Supervision and Coordination of tribal Customary laws, etc. and Social Justice;
f) Issuing licenses for setting up heavy industries in the hill districts in keeping pace with
the National Industrial Policy.
g) Disaster Management and Relief Work and co-coordination of NGO activities.
23. Executive Powers: (1) The Council shall have powers for smooth functioning of all activities
under this Act.
(2) Subject to containing no repugnant rules in this Act or Rules, the Executive Power of the
Council shall be vested upon the Chairman and in accordance with this Act and

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Regulations or shall be attached through a person directly entrusted by the Chairman or the
power received through delegation from him.
(3) The Executive disposals or any other action shall be deemed to have been received in the
name of Council and shall be published to that effect and that shall have to be proved or
accomplished as per the procedure determined by the regulation.
24. Disposal of Functions: (1) The functions of the Council shall be disposed off within the
Council or in its Committee Meetings or by the Chairman, Member, Executive and Employee
within the jurisdiction and procedures as determined by the regulations.
(2) The Chairman and in his/her absence, a member nominated by the members from among
the tribal members present in the meeting, shall preside over all the meetings of the Council.
(3) The proceeding or activities of the Council shall not be illegal simply because of the facts
that any post of a member of the Council is vacant, or there has been some flaw with the
information of the Council, or any person has attended the meeting of the Council, cast
his/her vote or taken part in the proceedings of the Council in any way although having no
rights.
(4) A copy of the minutes of the proceedings of every Council Meeting shall have to be sent
to the government within fourteen days after the holding of such a meeting.
25. Committees: The Council shall, if necessary, form the Committees for assistance in its work
and shall fix the number of members of the Committee with its responsibilities and activities.
26. Agreements: (1) All agreements entered into and executed by the Council or on its behalf:-
a) Shall be in the written form and shall be published as to have been executed by the
Council.
b) Shall be executed as per regulation.
(2) The Chairman shall intimate the members about the Agreement in the meeting held
immediately after the execution of the agreement.
(3) The Council shall be in competency of determining the procedures for the execution of
various Agreements through adopting proposals and the chairman shall act upon in
accordance with the proposals in the execution of agreements.
(4) No liability of any agreement executed in violation to this Section shall be devolved on
the Chairman.
27. Documents, Files, etc.: The Council shall -
a) Preserve the files/documents of its disposals as per the procedures determined by the
regulations.
b) Prepare and publish periodical reports and statements on the subjects as mentioned under
regulations.
c) Also take necessary steps for publication of information on its functions or other means
as directed by the government from time to time.

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28. The Chief Executive Officer of the Council: There shall be a Chief Executive Officer in the
Council and he shall be appointed from among the Joint Secretary level officers of the
government.
Provided that in such appointment, the officers belonging to the tribal community shall be
given preference.
29. Appointment of officers and employees of the Council: (1) Subject to the approval of the
government, the Council shall be in competency of creating posts of various categories for
officers and employees for the purpose of smooth functioning of the disposals of the Council;
Provided that in such appointment, the officers belonging to the tribal community shall be
given preference.
(2) The Council, as per the regulations, shall be in competency of giving appointments,
transfer, suspension, dismissal, removal or other kinds of punishment to the Third Class and
Fourth Class employees.
(3) The government, in consultation with the Council, shall appoint Executive Officers in
other posts and as per rules, transfer to other places, suspend for a certain period of time,
suspend, removal or any other punishment to all these Executive Officers.
30. Future Fund etc.: (1) The council shall be in the capacity of organizing a Fund for its
Executive Officers and employees and shall direct its Executive Officers and employees to
contribute subscriptions to the Fund at the rate as determined by the regulations.
(2) The council shall be in the competency of paying subscription to the Fund.
(3) The Council, as per regulation, shall be in the capacity of paying gratuity to the families
of the said Executive Officers or employees who fall sick or die due to receiving injury while
discharging their duties entrusted upon them.
(4) The Council shall be in the competency of introducing Social-Insurance Policy Scheme
for its Officers and employees and issuing directives for paying subscription as per the
regulation.
(5) The Council, for its officers and employees, shall be in the competency of organizing a
Benevolent Fund and as per the rules, providing gratuity and other help as mentioned under
Sub-section-(3) out of it.
(6) The Council shall be in the competency of contributing subscription to the fund as set up
under Sub-section (5).
31. Service Regulations: The Council by Regulations shall -
a) Determine the service conditions of the officers and employees appointed by the Council;
b) Originate the guidelines and qualifications for the posts the appointment of which fall
under the disposal of the Council;

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c) Be in the capacity of determining the procedures for investigation for disciplinary actions
against the officers and employees appointed by the Council and procedures for awarding
punishment and submission of appeal against the punishment.
d) Be in the capacity of introducing necessary rules for smooth observance of the duties and
responsibilities of the officers and employees of the Council.
32. Council Fund, etc.: (1) The council shall have a Fund called the Chittagong Hill Tracts
Regional Council Fund.
(2) The amount of money as stated below shall be deposited with the Council Fund, such as -
a) The amount of money payable from the Hill District Council Funds the quantity of which
will be fixed by the government from time to time.
b) The amount of Money or Profits earned out of the property, if any, entrusted to and
managed by the Council.
c) Loans and Grants received from the Government or other authorities;
d) Donations given by any organization or person;
e) Profits earned out of investments from the Council funds;
f) Any money received by the Council;
g) Money received from other income sources entrusted upon the Council by the
Government directives.
33. Preservation, investment etc. of the Council Fund: (1) The money of the Council Fund
shall be deposited with the Government Treasury or with any bank dealing with the Government
Treasury Affairs. (2) The Council shall be in the capacity of going in for investment out of its
Fund, as per the defined procedure as determined by the regulations if it is so needed to the
Council.
34. Application of the Council Fund: (1) The Council Fund shall be applied to meet the
following Expense Heads on priority basis::-
Firstly, disbursement of salary and allowances of the officials and employees of the Council;
Secondly, the obligatory expenses of the Council fund as determined under Sub-section (2);
Thirdly, the expenses incurred through the execution of duties and responsibilities of the
Council under this Act;
Fourthly, the obligatory expenses over the Council Fund as declared by the Council prior to
the approval of the government;
Fifthly, the obligatory expenses over the Council fund, as declared by the government.
(2) The Obligatory Expenses over the Council fund shall be as follows:-
(a) The amount of Money payable to the Government officials or employees deputed under
the Council;
(b) The amount of money payable towards the preservation of Council Services, Audit and
some other subjects as per the directives of the government;
(c) The necessary amount of money needed for the execution of any Verdict, Decree or
Award given by any court of law or tribunal against the Council;

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(d) Any other expenses specified as the obligatory expenses by the rule;
(3) If any amount of money remains unpaid in the expense head of the obligatory expense
over the Council Fund, situation as such, the government shall, by issuing an order to the
person under whose custodianship the Council Fund is maintained to pay the outstanding
amount from the Fund as much as possible.
35. Budget: (1) Before the beginning of every financial year, the Council shall prepare and
approve a statement of Income & Expenditure as per the Rules, hereinafter referred to as the
Budget and shall send a copy thereof to the Government.
(2) If the Council cannot approve its Budget before the beginning of any financial year, as
such,
the Government, having gotten a statement of probable income and expenditure prepared for
that year, shall certify it and the certified Statement shall be taken into account as to be the
approved Budget of the Council.
(3) During the Fiscal Year in which the Council so formed as per this Act assumes the office,
the Budget for the year, shall be prepared for the remaining part of the said fiscal year, after
assumption of the office by the Council and for the case with the said Budget, the regulations
under this Act shall be applicable as much extent as possible.
(4) Before the elapse of any fiscal year, the Council, if it feels so necessary, shall be in the
competency of reviewing or bringing modification to the Budget prepared and approved for
that year and as such, the Council shall sent in a copy of the same to the government as soon
as possible.
36. Accounts: (1) All accounts of income and expenditure of the Council shall be maintained in
manners and forms as specified by the rules.
(2) The Council shall prepare an Annual statement of accounts of income and expenditure
after the end of every financial year and shall forward it to the Government within the 31 st
December of the next financial year.
(3) A copy of the said Annual Statement of Accounts of income and expenditure shall be
displayed at a conspicuous place of the Council office for observation of the general public and
the Council shall take into considerations the objections or advice of the public concerning the
said account.
37. Audit: (1) The Accounts of Income and Expenditure of the Council shall be audited as per the
procedures and by the authority as specified by the rules.
(2) The audit authority shall be in competency of examining all the books/records and other
documents relating all the Accounts of the Council, and if necessary, shall inquire of the
Chairman and any member, official and employee of the Council.
(3) After the Audit, the auditing authority shall submit the Audit report to the Government
and the report shall include, among other matters, the followings: such as -
a) Embezzlement of fund;
b) Loss, wastage and misuse of the Council fund;
c) Irregularities in maintaining the Accounts;
d) Names of those who, according to the auditing authority, are responsible directly or
indirectly for the said embezzlement, loss, wastage, misuse or irregularities.

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38. Property of the Council: (1) The Council by regulations shall be in the capacity of -
a) making rules for management, maintenance and development of properties
entrusted upon or under its ownership;
b) controlling the transfer of the said properties.
(2) The council shall be in the competency of -
a) dealing with management, maintenance, inspection and development of any property
owned by it or entrusted under its supervision;
b) utilizing the said property for achieving the objectives of this Act;
c) acquiring property through donation, sale, mortgage, lease or through barter or by
any other procedures.
39. Accountability of the Chairman and others to the Council: The Chairman of the council
or any member, officer or employee or the person entrusted under Council administration or any
person working on behalf of the Council, due to evidential negligence or misconduct of
whosoever, if there occur any loss in money or property, misuse or mismanagement, he/she shall
be held responsible and as such, the government shall determined his/her liabilities in accordance
with the procedures as conferred under the regulations and the amount of money that stands
claimable from him, shall be treated as the public demand and the amount shall be realized from
him/her.
40. Control over the disposals of the Council: (1) In order to maintain a balance between the
Objectives of this Act and the disposals of the Council, the government, in need, shall provide the
Council with advice or issue an order.
(2) If the Government, for a certain finds with evidence that some work done or proposed by or
on behalf of the Council stands to be not in consistency with the Constitution or this Act or stands
against the public interest, as such, the government shall, in writing, ask the Council for
information and explanation on the matter concerned and in need, the government shall advice
the Council and as such, the Council shall supply the government with the information and
explanation as sought or shall execute the advice accordingly.
41. Dissolution of the Council: (1) If, the Government, after necessary investigation, is of the
view that the council -
a) is incapable of discharging its duties or has successively failed in performing its
responsibilities;
b) is incapable of performing its administrative and financial duties;
c) is usually involved in such activities that are detrimental to the public interest;
d) is on transgression of its jurisdiction of powers by some way or has developed the
malpractices of powers or is in the malpractice of powers, as such, the government
shall, by an order published in the gazette, dissolve the Council.
Provided that the Council shall be given an opportunity to show cause against it before
the issuance of the order to that effect.
(2) On publication of order under the Sub-section (1), as such -
a) the Chairman and other members of the Council shall not hold their posts;

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b) during the period of being dissolved the person or authority appointed by the
government shall dispose up all duties and responsibilities of the Council
(3) . As per this Act and the rules therein, the Council shall be reformed within ninety
days from the date of publication of the dissolution order in the Government gazette
42. Dispute of the Council and any other local authority: With an exception to the Council and
the Hill District Councils, if some dispute arises among some local authorities, the disputing issue
shall be forwarded to the government for settlement and as such, the decision of the government
shall be the final
43. Appeal: If any person is aggrieved by some order by the Council or its Chairman under this
Act or any rule or regulations therein, as such, the aggrieved person shall be at his/her liberty to
appeal to the concerned Ministry or Department of the government against the order within thirty
days of its issuance and as such, the decision of the said Ministry or Department over the appeal
shall be final.
44. Co-ordination of disposals between the Government and Council: The Government or the
Council shall place specific proposal to either side as and when necessary arises for co-ordination
of disposals in between the Government and the Council and the necessary coordination shall be
acomplished through mutual communication or discussion.
45. Power of formulation of laws: (1) The Government, in consultation with the Council and by
notification in the government gazette, shall formulate laws In order to fulfill the objectives of
this Act.
(2) Specially, and without bringing in degradation to the totality of the power mentioned
herein above, in the similar Act, rules shall be framed up on all the followings or on any matter,
such as -
a) The Powers and functions of the Chairman and other members of the Council;
b) Up keeping of the Accounts and Audit;
c) Determination of the procedure of duties & responsibilities of the officials and
employees of the Council;
d) The procedure of making appeal against the order of the Council;
e) Procedure of inspection of the Council and the powers of the Inspector;
f) Any such matter, which shall have to be or shall be decided by the rules under this
Act.
(3) After formulation of any law, if in view of the Council, the said law appears to be hard
some or objectionable, as such, the Council, having the concerned reasons mentioned with
specific recommendations, shall be competent of making appeal to the government for
review, amendment, abrogation or relaxation in application of the said law and the
government, keeping the appeal under consideration, shall take necessary decision.
46. Power of formulating regulations: (1) In order to fulfill the objectives of this Act, the
Council shall be in the competency of framing up regulations not inconsistent to this Act or to
any other rules of the act, such as -

15
(2) Specially, and without bringing degradation to the totality of the power as mentioned
herein above, regulation shall be framed up on all the followings or on any other matter,
such as -
a) Conducting the functions of the Council;
b) Determination of the quorum of the Council meetings;
c) Raising questions in the Council meetings;
d) Convening the Council meetings;
e) Writing the minutes of the Council meetings;
f) Implementing the proposals resolved in the Council meetings;
g) Custodianship and usage of the general seal of the Council;
h) Forming up the Departments and Sections of the Council Office and determination of
their scope of work;
i) All matters of the Executive concern;
j) Of appointment and discipline of all the posts of officers and employees the
appointment of whose falls under the disposal of the Council;
k) Determination of spaces as to where licenses shall be required and under what
conditions licenses shall be issued;
l) Any such matter, which shall have to be determined or shall be determined by the
regulations under this Act.
(3) In consideration of the Council, the manner of publication that facilitates the people
better understanding about regulations, every regulation shall be published in that way.
(4) Within 30 days of the framing up of Regulation under this Act, the Council shall send
the copy of the regulation to the government;.
(5) If the government maintains different opinion on any part of the regulation already
framed, as such, the government shall provide advice for or issue order for bringing
amendment to the said regulation.
47. Suit on behalf or against the Council: (1) If any suit is to be filed against the Council or
against any Council Member or Officer or an employee for certain work related to the Council, as
such, the person intending to file a case, having the reasons for litigation stated and the name and
address of the respondent mentioned in a notice, shall, -
a) in case with the Council, give the notice to the Head office of the Council in person
or get it delivered to;
b) In other cases, deliver the notice to the concerned member, official or employee in
person or give hand to hand at his/her office or residence or get it delivered to.
(2) Until the passage of 30 days from the date of delivery of the notice, no suit shall be
lodged and there shall have to be mentioned in the petition whether the notice has been
delivered to the respondent.
48. Notice and its enforcement: (1) For observation sake of this Act, rules or regulations, if
one’s duty is to do certain work or to be abstained from doing some work, as such, a notice shall
have to be served stating as to within what period of time the work is to be performed or the point
of time stating since when it is to be abstained from.

16
(2) Weakness in construction of the notice to be given under this Act shall not be illegal.
(3) Unless there is any rule repugnant to, all notices shall have to be enforced by giving
the notice hand to hand to the addressee or to be sent to him/her by post or by sticking the
notice on the conspicuous place at his/her residence or working place.
(4) If the notice served for the general information is put to force by sticking it on an
open place, shall regard as to have been precisely enforced.
49. Public document: (1) All sorts of records and registers prepared and preserved under this Act
shall be regarded as the Public document in the sense as the expression of Public Document has
been used in the Evidence Act, 1872 (Act 1 of 1872) and if being evidentially not contrary to,
they shall be treated as the Correct Records or Registers.
50. Chairman, members etc. of the Council shall be regarded as the public servants: The
Chairman of the Council and its members and officers and employees and the other persons
properly entrusted to work on behalf of the Council, shall be regarded as the Public Servants in
the sense of expression as has been meant by the expression under Section-21 of the Penal Code,
1860 (the Act XLV of 1860).
51. Indemnity on the disposals discharged in good faith: As the result of certain work done in
good faith under this Act, if any person suffers loss or damage or if there is a probability of
his/her suffering loss or damage, as such, no civil suit or criminal suit or any other legal action
shall be taken against the Government, the Council or any person authorized by them or the
concerned government official/employee or the Official/employee of the Council.
52. Removal of difficulties: (1) In case with the implementation of the rules this Act, on the
appearance of certain difficulties, the government, with a view to removing the said difficulties,
shall take any measures by enforcing orders.
(2) If there is any inconsistency found in the Chittagong Hill Tracts Regulation, 1900 and other
related law, rules and Ordinances with regards to the Hill District Councils Act, 1989 (Act 19, 20
and 21 of 1989), as such, the said inconsistency shall be removed in consultation with the
Regional Council and on its recommendations.
53. Discussion etc. with the Council on formulation of new laws: (1) The Government,
while taking initiative to formulate any law concerning the Council or the Chittagong Hill
Tracts, shall, on consideration of the discussions held with the concerned Hill District
Council and in consultation with the Regional Council, take necessary measures for
making the law.
(2) The Council shall be in the competency of making an appeal or submitting recommendations
to the Government for bringing amendment to the law or formulation of new law, if the necessity
arises to amend such a law, which might pose adverse, affect the development of the three Hill
Districts and the general well being of the tribal people.

17
54. Rules for Transitional period: (1) After having the Council established under Section – 3,
the government, as soon as possible, shall, by notification, shall constitute an Interim Council,
hereinafter called the Interim Council.
(2) Including the Chairman, all the members of the Interim Council shall be nominated
by the government and in case with their nomination, the eligibilities and ineligibilities as
mentioned under Sections-7 and 8, shall be applicable.
(3) The Chairman or any other member of the Interim Council shall, if so is desired on
personal ground, resign from his/her post by submitting a duly signed letter addressing to
the Government.
(4) The Chairman and all the members of the Interim Council shall be entitled to enjoy
the facilities as mentioned under Section-11 of this Act.
(5) Until the Council is formed in accordance with the provision under Section – 5, the
Interim Council shall, as far as applicable, discharge its disposals as mentioned under
Section – 22 and shall perform the other functions under this Act including the
application of its powers.
(6) The Interim Council shall be dissolved by itself immediately after the taking of oath
by the members of the Regional Council or by the majority numbers of its members.
~ 0 ~

Annexure - 4
A CHARTER OF FIVE-POINT DEMANDS
SUBMITTED BY
THE PARBATYA CHATTAGRAM JANASAMHATI SAMITI (PCJSS)
ON BEHALF OF
THE JUMMA PEOPLES OF CHTs
TO
THE GOVERNMENT OF BANGLADESH
Parbattya Chattagram Jana Samhati Samiti (PCJSS)
Parbattya Chattagram (CHTs),
BANGLADESH.

A CHARTER OF FIVE-POINT DEMANDS SUBMITTED BY THE PARBATTYA
CHATTAGRAM JANA SAMHATI SAMITI ON BE HALF OF THE JUMMA PEOPLES TO
THE GOVERNMENT OF PEOPLE’S REPUBLIC OF BANGLADESH WITH THE AIM OF
RESOLVING THE CRICIS IN THE CHITTAGONG. HILL TRACTS BY PEACEFULL AND
POLITICAL MEANS.
The Chittagong Hill Tracts is the homeland of these ten linguistically different small nations —
Chakma, Marma, Mog,Tripura, Bawm, Lushai, Murung, Pankho, Khumi, Khiyang and Chak.
For ages they have been living in the Chittagong Hill Tracts with their own society, culture and
Language. Every nation in the world, small or big, is making all efforts to preserve its national
unity and identity through its own tradition. Even the ten linguistically different nations of the
Chittagong Hill Tracts are no exception.
The Government of British India was able to understand this principle and created the Chittagong
Hill Tracts as an “Excluded Area” by enacting Chittagong Hill Tracts Regulation of 1900 (Act 1
of 1900) on 6 th January 1900. Again under the Government of India Act, 1935. It recognized the
Chittagong Hill Tracts as a “Fully Excluded Area.”
In August 1947, the British government left the Indian sub-continent after handing over the
administration of the Chittagong Hill Tracts to the Government of Pakistan. The Pakistan
Government retained the amended Government of India Act, 1935 as an interim constitution and
also recognized the Chittgong Hill Tracts as a fully “Excluded Area.” Even in the first
constitution of Pakistan, which was approved by the Pakistan National Assembly on 29 February
1956, the Chittagong Hill Tract was declared as an “Excluded Area” under the “Chittagong Hill
Tracts Regulation, 1900.” The second constitution of Pakistan was promulgated on 1 st March
1962. It introduced the term, “Tribal Area” in place of the term “Excluded Area” as used in the
Government of India act of 1935 and in the Pakistan constitution of `1956, and recognized the
“Chittagong Hill Tracts Regulation, 1900” as the administrative law of the Chittagong Hill Tracts
which was given the “Status of Tribal Area.”
Bangladesh became independent in 1971.With a view to making the independence meaningful to
all people irrespective of cast, creed and race, the ten linguistically different Jumma people
wanted to live as the worthy citizen of Bangladesh by devoting themselves to the great
programme of national reconstruction. But the then Government of Bangladesh completely
rejected their demands and ignored their aspirations by doing away for good with the entity of the
Chittagong Hill Tracts as an “Exclude4d Area.” As a result, the Jumma people lost all their legal
rights to preserve their national existence and land ownership as provided by the “Chittagong Hill
Tracts Regulation of 1900.”
The Chittagong Hill Tracts Regulation, 1900” promulgated by the British Government was
colonial, undemocratic and defective. There was no legal provision in the regulation for the
representation of the Jumma people of the Chittagong Hill Tracts. So the mere entity of the
Chittagong Hill Tracts as an “Excluded area” is not sufficient to protect the basic rights of the
Jumma people. In fact, it is not possible to develop the Chittagong Hill Tracts side by side with
the preservation of the national existence of the Jumma people and their land rights without the
democratic system. Therefore, on behalf of the Jumma people, the Parbatya Chattagram Jana
Samhati Samiti presents the following five-point demands to the Government of the people’s
Republic of Bangladesh in order to protect the national identity of the Jumma people of the
Chittagong Hill Tracts i.e. to preserve the unity, culture, social structure, custom, tradition, belief
1

and language of the linguistically different Jumma people of the Chittagong Hill Tracts, their land
ownership i.e. their right to both hilly and plan lands, and above all to eliminate rapidly all forms
of backwardness of the Jumma people;
2
1.
2.
3.
a) To give the Chittagong Hill Tracts the status of a province;
b) To accord provincial Autonomy for the Chittagong Hill Tracts with its own legislature;
c) The provincial Legislative Assembly will be formed with the elected representatives
and it will have the right to make necessary laws on the subjects as listed under the
control of the province;
d) To confer the provincial Government the responsibility and power of district
administration and control of the General Administration of the Chittagong Hill Tracts,
Police, Education, Health, Finance, Agriculture, Forest and wild Life protection, Fishery,
Livestock, Trade and Commerce, Small-scale-Industry, Radio and Television, Roads and
Buildings, Communication and Transport, Post Office, Revenue and Tax, Purchase,
Scale–and-settlement of Land, Law and Order, Justice, Mineral and Oil-and-gas, culture,
Tourism, Local Autonomy, Cooperatives, News-papers-Books-and-Press, Water, and
Electricity Supply, Boarder Security, Social Custom and Tradition, Development Works
and all other affairs of the Chittagong Hill Tracts except Defence, Foreign Affairs,
Currency and Heavy Industry;
e) To separate and list the Central and Provincial Power so that the centre and the Province
can legislate independently in their own field;
f) To change the name of the Chittagong Hill Tracts and recognize it as “Jumma Land and
g) ”To make necessary amendment and ratification in the constitution of the People’s
Republic of Bangladesh;
a) To make constitutional provisions prohibiting any constitutional change or amendment
regarding the affairs of the Chittagong Hill Tracts without the consent of the people of
the Chittagong Hill Tracts through plebiscite;
b) To make constitutional provision preventing any one from other parts of Bangladesh
from settling down and from buying land or settling in the Chittagong Hill Tracts;
c) To arrange constitutional provision restricting the entering of any person, who is not
permanent inhabitant of the Chittagong Hill Tracts, into the area without permission; To
make constitutional provision prohibiting the imposition of emergency rule or
military rule in the Chittagong Hill Tracts with out the recommendation of the provincial
Government of the Chittagong Hill Tracts even when the security and the economic life
of any part of the Bangladesh except the Chittagong Hill Tracts is threatened by internal
turmoil;
d) To make constitutional provision preventing the appointment of any person who is not an
inhabitant of the Chittagong Hill Tracts, to any responsible posts in all government, semigovernment
and autonomous organizations under the provincial government, and
restricting the transfer of any person holding such responsible post without the
recommendation of the provincial government;
a) To remove from the Chittagong Hill Tracts all those illegal outsiders who have infiltrated
illegally in to the Chittagong Hill Tracts all those illegal outsiders who have infiltrated
illegally from 17 August, 1947 till to the date of submission of this charter of demands

and illegally bought or occupied hilly or plain lands, and those who illegally bought or
settled or occupied hilly or plain lands and settled down in the area;
b) To remove from the Chittagong Hill Tracts all those illegal out-siders who will
infiltrate illegally in to the Chittagong Hill Tracts from the day after the date of
submission of this charter of demands till to the date of signing of an agreement between
the Bangladesh Government and the Parbatya Chattagram Jana Samhati Samiti and will
buy or settle or occupy hilly or plain lands illegally and settle down in the area; To
rehabilitate in the Chittagong Hill tracts all those men and women of the Chittagong Hill
Tracts who have been compelled to flee to the states of India and Burma from the
beginning of the Pakistani rule till the date of signing of an agreement between the
Bangladesh Government and the Parbatya Chattagram Jana Samhati Samiti;
c) To fix the maximum level of water of the Kaptai Dam at sixty feet, and to arrange the fair
rehabilitation of the displaced people who have been affected by the Kaptai Dam;
d) If there are cases, charges, warrants and hoolias against any members of the Parbatya
Chattagram Jana Samhati Samiti, then. they should be withdrawn unconditionally. If
any one has been tried in one’s absence then the jugement should be cancelled and all
cases, charges, warrants and holias against any one should be withdrawn
unconditionally. No legal actions should be taken against any members of the Parbatya
Chattagram Jana Samhati Samiti and
e) To take measures for proper rehabilitation of all members of the Parbatya Chattagram
Jana Samhati Samiti; If there are cases, charges, warrants and holias against any Jumma
people for falsely implicating them with the activities of the Parbatya Chattagram Jana
Samhati Samiti.then ,they should be unconditionally withdrawn .If any one has been tried
in one’s absence then,the judge-ment should be cancelled and all cases ,charges
,warrants and hoolias against any one should be withdrawn unconditionally .No legal
action should be taken against any Jumma people in connection with the activities of the
Parbatya Chattagram Jana Samhati Samiti;
4.
a) For the development of the Jumma people of the Chittagong Hill Tracts, to make special
economic plans in the areas of agriculture, industry, education, cooperatives, culture, health,
religion, language, trade and commerce, Livestock, Roads and communication, fishery,
forest products water and electricity supply, and to earmark necessary capital from the
central fund to carryout the programme;
b) To set up the Chittagong Hill Tracts’ own bank;
c) To reserve seats for the jumma students in Universities, Medical colleges and various
Engineering and technical colleges, and to give them opportunities to go abroad for higher
studies and research;
d) To reserve certain quota in the Bangladesh civil Defence Services for the Jumma people; To
relax the age limit and educational qualification of the jumma people for the government
jobs;
5. In order to create a favorable climate for a peaceful and political solution of the
crisis in the Chittagong Hill Tracts:
a) To release unconditionally all jumma men and women who are undergoing punishment,
or under trial, or detained in the custody of the Bangladesh armed forces;
b) To stop all sorts of torture and oppression on the people of the Chittragong Hill Tracts;
3

4
c) To stop the programe of relocating the jumma people in the name of rehabilitating them
in Adarsha gram (Ideal village), Joutha gram (Collective Village) and Joutha Khamar
(Collective Farm) and dismantle villages;
d) To ban Illegal infiltration in to the Chittagong Hill Tracts, purchase of hilly and plain
lands, settlement and occupation of land and establishment of permanent residence in the
Chittagong Hill Tracts by any one from other parts of Bangladesh; To remove the
outsiders who are illegally in different regions of Lama, Rajastahli, Matiranga, Ramgarh,
Merung, Panchari and Longadu Upazillas, away from Chittagong Hill Tracts; To remove
step by step all camps of the Bangladesh armed forces including the cantonment at
Dighinala , Ruma and Alikadam from the Chittagong Hill Tracts.
N.B.The second formal meeting between the Government of the Republic of Bangladesh and the
Parbatya Chattagram Jana Samhati Samiti took place on Thursday,17 December 1987.This
charter of five-point Demands was formally submitted to the Government of the People’s
Republic of Bangladesh at the meeting.
~ 0 ~

Annexure - 5
MODIFIED CHARTER OF 5 (Five) POINT DEMANDS
SUBMITTED ON 4 TH DECEMBER 1992
BY
THE PARBATYA CHATTAGRAM JANA SAMHATI SAMITI (PCJSS)
ON BEHALF OF
THE JUMMA PEOPLES OF CHTs
TO
THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF
BANGLADESH
Parbattya Chattagram Jana Samhati Samiti (PCJSS)
Chittagong Hill Tracts, BANGLADESH.

A Charter of 5-Point Demands submitted by the Parbatya Chattagram Jana
Samhati Samiti on behalf of the Jumma peoples to the Government of the
People’s Republic of Bangladesh
The Chittagong Hill Tracts is the homeland of these ten multilingual national minorities -
Chakma, Marma (Mog), Tripura, Bawm, Lushai, Murung, Pankho, Khumi, Khiyang and Chak.
For ages they have been living in the Chittagong Hill Tracts with their own society, culture,
custom, religion and language. Every nation in the world, small or big, is making all efforts to
preserve its national unity and identity through its own tradition. Even the ten multi-lingual
national minorities of Chittagong Hill Tracts are no exception.
The Government of British India was able to understand this principle and created the Chittagong
Hill Tracts as an “Excluded Area” by enacting Chittagong Hill Tracts Regulation, 1900 (Act 1 of
1900) on 6 th January 1900. Again under the Government of India Act, 1935 it recognized the
Chittagong Hill Tracts as a ‘Fully Excluded Area.’ But in August 1947, the British government
left the Indian sub-continent after handing over the administration of the non-Muslim populated
region Chittagong Hill Tracts to the Government of Pakistan. The Pakistan Government retained
the amended Government of India Act, 1935 as an interim constitution and also recognized the
Chittgong Hill Tracts as a fully “Excluded Area.” Even in the first constitution of Pakistan, which
was approved by the Pakistan National Assembly on 29 February 1956, the Chittagong Hill
Tracts was declared as an “Excluded Area” under the “Chittagong Hill Tracts Regulation, 1900.”
The second constitution of Pakistan was promulgated on 1 st March 1962. It introduced the term,
“Tribal Area” in place of the term “Excluded Area” as used in the Government of India act, 1935
and in the Pakistan constitution of `1956, and recognized the “Chittagong Hill Tracts Regulation,
1900” as the administrative law of the Chittagong Hill Tracts, which was given the “Status of
Tribal Area.” In fact, the CHT Regulation, 1900 promulgated by the British was colonial,
undemocratic and defective. There was no provision in the Regulation for representation of the
Jumma Peoples of Chittagong Hill Tracts. For this reason, during the 1970 general election of
Pakistan, the demand for autonomy in Chittagong Hill Tracts was raised before the then Pakistan
Government.
Bangladesh became independent in 1971.With a view to making the independence meaningful to
all people irrespective of cast, creed and race, the ten multi-lingual Jumma people wanted to live
as the worthy citizens of Bangladesh by devoting themselves to the great programme of national
reconstruction. With that end in view, a demand was placed for autonomy with a legislature and
the retention of excluded area status of Chittagong Hill Tracts. But the then Government of
Bangladesh completely rejected their demands and ignored their aspirations by doing away for
good with the entity of the Chittagong Hill Tracts as an “Excluded Area” and declared the first
constitution of Bangladesh on 4 th November, 1972. As a result, the Jumma people lost their legal
rights to preserve their national existence and land ownership as provided by the “Chittagong Hill
Tracts Regulation, 1900.”
Since the British colonial period and till the present rule of Bangladesh, the Jumma people have
been living under deprivation in every sphere of life with harassment, oppression and repression.
As a result, today, the entity and existence of the ten multilingual national minorities are on the
verge of total extermination. It can be stated undoubtedly that there exists a basic difference
between the majority Bangalee population of Bangladesh and the Jumma people of Chittagong
Hill Tracts with regard to history of administration, language and culture, social tradition,
1

geographical environment, custom and practices, political and economic life. The innocent and
peace-loving Jumma people are also determined like the Bangalees of other parts of Bangladesh
to serve the country but due to conspiracy of certain section of people, today, they are historically
deprived from the great responsibility whereas the Jumma people silently suffered from all kinds
of deprivation and oppression and did not hesitate for their boundless sacrifice towards building
up the country’s economy.
The Chittagong Hill Tracts Regulation, 1900 could not protect the national interest of the Jumma
peoples. Similarly, the Hill District Local Council (HDLGC) did not make provision for the
safeguard of national identity, land rights and fundamental rights of the Jumma peoples. As
because, these HDLGCs are undemocratic, feudalistic and defective and with inadequate powers
as well. In fact, without democracy and autonomy it is not possible to safeguard the national
identity, land right and fundamental rights of the Jumma peoples. In order to protect the national
identity of the Jumma peoples of Chittagong Hill Tracts that is to preserve integrity of th ten
multilingual national minorities, their culture, social structure, custom, tradition, belief, language,
etc. and land rights, i.e. provision of rights over forests, hilly and plain lands, above all to
establish fundamental rights, to eliminate rapidly all forms of backwardness; therefore, in the
interest of Chittagong Hill Tracts, that is in the greater interest of Bangladesh, the Five-point
Charter of demands for Provincial Autonomy with legislature, which was formally submitted to
the government of People’s Republic of Bangladesh on 17 December, 1987 by the Parbatya
Chattagram Jana Samhati Samiti (PCJSS) on behalf of the Jumma peoples, is being placed in a
modified form of 5 (five) point charter of demands before the elected Government of People’s
Republic of Bangladesh on 4 th December, 1992 in the following manner :–
1. By an amendment of the constitution of Bangladesh –
(1) A. To grant Chittagong Hill tracts the status of a separate administrative region.
(1) B. To accord Regional Autonomy to Chittagong Hill Tracts with Regional Council.
(1) C. The Regional Council shall be constituted with the representatives elected
by the people and there shall be and Executive Council of the Regional Council.
2
(1) D. The Regional Council shall have the power to frame necessary regulations,
by-laws, rules, orders, notices relating to the subjects as delegated to the Regional
Council and shall also have the power to issue or promulgate and enforce them.
(1) E. The Council shall have the power to prepare and approve its annual budget
independently keeping in view of its fund and probable income.
(1) F. The Regional Council shall have the powers and responsibilities to
administer and regulate the following subjects:-

(1) General Administration and Law & Order of Chittagong Hill
Tracts;
(2) District Council, Pourasabha (Municipality), Union Parishad,
Improvement Trust and other local government institutions;
(3) Police;
(4) Land & Land Development;
(5) Agriculture and Horticulture and its development;
(6) College, secondary and Primary education;
(7) Forest conservation and development of forest resources;
(8) Public Health & health Center;
(9) Law & Justice;
(10) Animal Husbandry and preservation of wild animals;
(11) Purchase, sale and settlement of land,;
(12) Trade & Commerce;
(13) Small and Cottage industry;
(14) Roads and Communication;
(15) Tourism;
(16) Preservation and development of Fishery;
(17) Transport and Communication;
(18) Land revenue, excise duty and other taxes;
(19) Water and Poewer supply;
(20) Markets and fairs;
(21) Co-operative;
(22) Social Welfare;
(23) Finance;
(24) Culture, information and statistics;
(25) Youth Welfare & Sports;
(26) Population control and family planning;
(27) Money lending and trade;
(28) Rest House, Circuit House and play grounds;
(29) Purchase, sale and supply of country liquor;
(30) Cremation place and graveyard;
(31) Charitable institutions, Ashram (orphanage), religious
institutions and Places of worship;
(32) Water resources and irrigation systems;
(33) Jum cultivation and rehabilitation of Jum cultivators;
3

4
(34) Preservation and development of environment;
(35) Jail;
(36) Other less important subjects relating to Chittagong Hill
Tracts.
1. (2) A. To accord constitutional recognition to the ten multilingual
national minorities –
Chakma, Marma, Tripura, Murung, Bawm, Lushai, Pankho, Khumi,
Khiyang and Chak.
(2) B. To frame such constitutional provision so that Chittagong Hill
Tracts shall be
administered with a special administrative system.
(2) C. To frame such constitutional provision so that persons coming from other parts of
Bangladesh cannot settle, purchase and get settlement of land in Chittagong Hill
Tracts.
(2) D. To frame inner-line regulation to prohibit entrance into Chittagong Hill tracts for
anyone who is not a permanent resident of Chittagong Hill Tracts without prior
permission of the Regional council.
(2) E. (1) Incorporation of provision in the constitution barring such
amendments to the constitution as will in any way affect the affairs of
Chittagong Hill Tracts without judging the opinion of the people of
Chittagong Hill Tracts through referendum.
(2) To frame such constitutional provision so that no law or regulation
regarding the affairs of Chittagong Hill Tracts shall be made without
the advice and consent of the regional Council and the members of Parliament
elected from Chittagong Hill Tracts.
(2) F. To establish a separate police force for Chittagong Hill tracts with the permanent
residents of Chittagong Hill Tracts and to make necessary laws and regulations
for this purpose.
(2) G. Incorporation of such provision in the constitution restraining the government
from declaring emergency in Chittagong Hill tracts without the advice and
consent of the Regional Council and the members of Parliament elected from
Chittagong Hill tracts if the question of emergency arises due to the disturbance
affecting security and disruption of economic activities in any part of Bangladesh
caused due to internal troubles other than foreign aggression or war.
(2) H. To frame such laws so that a non-resident of Chittagong Hill tracts cannot be
appointed to the post of officers at all levels and all types of other posts of all
government, semi-government offices, and autonomous bodies in Chittagong Hill

Tracts . But in case of non-availability of qualified candidates from among the
permanent residents of Chittagong Hill Tracts for a particular post, appointment
of that post may be made on deputation from the government.
2. (1) A. To turn Chittagong Hill Tracts into an administrative and political unit taken
together with Rangamati, Khagrachari and Bandarban districts.
(1) B. To name Chittagong Hill tracts as ‘Jummaland’ by changing the name of
Chittagong Hill Tracts.
2. (2) To create a separate Ministry for the affairs of Chittagong Hill Tracts.
2. (3) To introduce separate judicial system for the Jumma people.
2. (4) To frame law regarding the reservation of seats of the parliament in Chittagong
Hill Tracts for the Jumma people.
2. (5) A. To place all lands and hills, area of Kaptai lake, reserve forests including all the
forests except the area of Kaptai Hydro-electric power station, Betbunia satellite
station, state-owned industrial areas and the lands acquired in the interest of the
state at the disposal and control of the council.
(5) B. To determine the area of Kaptai Hydro-electric power station, Betbunia Satellite
Station, state owned industrial areas and the areas acquired in the interest of the
state.
(5) C. To adopt necessary legal measures restraining the government to acquire and
transfer land and hills controlled by the council without its consent.
(5) D. To cancel illegal occupation or ownership of lands and hills by the non-residents
of Chittagong Hill Tracts or land settled in favor of them in any manner or
transferred to them and those lands and hills be transferred to the real owners or
to the Council.
(5) E. To cancel the lease and settlement of those lands and hills leased out to the nonresidents
of Chittagong Hill Tracts or to any other organization for the purpose of
rubber plantation, forestation or any other purpose and to transfer those lands
and hills at the disposal of the council.
(5) F. The abandoned camps and areas of camps of the army, para-military and
cantonments be placed under the control and disposal of the council.
3. (1) Withdrawal of those outsiders from Chittagong Hill Tracts who illegally entering
into Chittagong hill tracts have purchased , settled and illegally occupied lands
and hills or without purchase made settlement and illegally occupying lands or
hills have been residing at different places or at cluster villages since 17 th August
1947. These outsiders be withdrawn, be taken to elsewhere outside Chittagong
Hill Tracts.
5

6
3. (2) To arrange honorable return and proper rehabilitation of those who were forced
to leave for India after 1960.
3. (3) To determine the highest level of water of the Kaptai dam and to arrange the
proper rehabilitation of the families affected by the Kaptai dam.
3. (4) A. Withdrawal of all army and para-military camps and cantonments except the
camps of BDR from Chittagong Hill Tracts.
3. (4) B. Except in case of foreign aggression, war or declaration of emergency, no
Cantonment shall be established and deployment of army shall be made in
Chittagong Hill Tracts.
4. (1) A. To take steps for proper rehabilitation of all the members of Jana Samhati Samiti.
(1) B. To withdraw the cases instituted, warrants issued and allegations filed and
cancel judgments delivered in abstentia against any member of Jana Samhati
Samiti unconditionally and refrain from taking action against anybody.
(1) C. To withdraw the cases instituted, warrants issued and allegations filed against
any permanent resident of Chittagong Hill Tracts and cancel judgments delivered
against them in abstentia unconditionally and refrain from taking action against
such person.
4. (2) A. To maintain a quota for the Jumma people in Bangladesh Civil service and
Defense services.
(2) B. To reserve seats for the Jumma students in the universities, medical colleges, cadet
colleges, Technical and other educational institutions and offer them facilities for
higher studies and research abroad.
(2) C. To relax the conditions of age limit and educational qualifications for the
government services for the Jumma people.
4. (3) A. To establish a bank for Chittagong Hill tracts with government assistance or
grant.
(3) B. To sanction for the special economic programs relating to sectors like agriculture,
industry, education, health, culture, road, etc. including rehabilitation of the
landless and Jum cultivators.
4. (4) To establish a full-fledged radio station in Chittagong Hill tracts.
4. (5) To keep the Chittagong Hill Tracts development Board in existence and place it
under the direct control of the Council.
5. (1) To release unconditionally all the Jumma people ho were convicted or under trial
or detained by the army.

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(2) To demilitarize the administration of Chittagong Hill tracts.
(3) To stop grouping of the Jumma people in the name of cluster village, Baragram,
Shantigram, Juktagram, Model village, etc. and abolish such villages
immediately.
(4) To stop infiltration and settlement of the people of other areas and purchase and
transfer of lands and illegal occupation of lands by them.
(5) To withdraw the outsiders living at cluster villages and other places of
Chittagong Hill Tracts from Chittagong Hill Tracts to other places by phase.
(6) To withdraw the camps of the army, Para-military forces and cantonments other
than the BDR camps by phase.
N.B.The second formal meeting between the Government of the Republic of Bangladesh and the
Parbatya Chattagram Jana Samhati Samiti took place on Thursday,17 December 1987.This
charter of five-point Demands was formally submitted to the Government of the People’s
Republic of Bangladesh at the meeting.
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Album

Chittagong Hill Tracts Regional Council
Executive Officers
Jatindra Prasad Tanchangya
Chief Executive Officer
Service Period: 27-05-1999 to 09-11-1999
and from 20 –01-2000 to 19-01-2002
Debadatta Khisa
Chief Executive Officer
Service Period: 01-11-1999 to 01-02-2000; 19-
01-2002 to 13-06-2002 and 03-07-2002 to 01-
04-2003
Sukriti Ranjan Chakma
Chief Executive Officer
Service Period: 01-04-2003 to 08-08-2006
and 09-08-2006 to 21-01-2009
Krishna Chandra Chakma
Ms Subarna Chakma
Asst. Executive Officer
Asst. Executive Officer
Service Period: 25-05-2004 ~ Service Period: 30-09-2004 ~
(Executive Officer-in-Charge)

[Approved Organogram]
Manpower 73
Annexure - 3
CHT RC Organogram
Chairman
1 × P. S
1 × A. P. S
2 × P.A cum Comp. operator
1 × Zamader
1 × Orderly
2 × MLSS
1 × Cook
Chief Executive Officer (Joint Secretary)
Pers.: 3
1 × A. P. S
1 × PA cum Comp. Operator
1 × MLSS
Ex. Officer (Adm., Service & Finance)
Pers.: 2
1 × PA cum Comp. Operator
1 × MLSS
Ex. Officer (Development, Land & Law)
Pers.: 2
1 × PA cum Comp. Operator
1 × MLSS
(Administration & Service Wing Finance wing Development Wing Land & Law wing
Pers.: 29
1 × Asst. Ex. Officer
1 × P.R.O
1 × U.D.A
2 × Comp. Operators
4 × Office Asst. cum Typist
1 × Store Kipper
8 × Drivers
1 × Speed Boat driver
1 × Telephone Operator
1 × Photocopier Operator
1 × Electrician
2 × Messenger
Pers.: 8
1 × Asst. Ex. Officer
1 × Account & Audit Officer
1 × Accountant
1 × Cashier
1 × Office Asst. cum Typist
2 × MLSS
Pers.: 7
1 × Asst. Ex. Officer
1 × Planning Officer
1 × U.D.A
2 × Office Asst. cum Typist
2 × MLSS
Pers.: 9
1 × Asst. Ex. Officer
1 × Kanungo
2 × Surveyor
1 × U.D.A
2 × MLSS
2 × Chainman