Agriculture, Forestry and Fisheries

2013; 2(2) : 49-66

Published online April 2, 2013 ([Link]
doi: 10.11648/[Link].20130202.11

Empirical findings on the forest law and policy in

Bangladesh
Noor Mohammad
Faculty of Law, Universiti Kebangsaan Malaysia 43600, The National University of Malaysia, Bangi, Selangor DarulEhsan

Email address:
noormmu2011@[Link] (N. Mohammad)

To cite this article:

Noor Mohammad. Empirical Findings on the Forest Law and Policy in Bangladesh, Agriculture, Forestry and Fisheries. Vol. 2, No. 2,
2013, pp. 49-66. doi: 10.11648/[Link].20130202.11

Abstract: Forest and forest resources are one of the important factors for the conservation and development of the envi-
ronment and environmental resources in [Link] is observed that these natural resources of our country are not prop-
erly utilized but it is often exploited due to over population, unwise use of natural resources etc. To cope with these prob-
lems, some important legal foundations have already been passed for effective role in the development of forest and forest
resources of [Link] study finds that most of the forest laws and policies are originated from the rule of British
colonial authorities. In this regard, some significant amendments of the laws are made after the partition of the Indian sub-
continent and a few are also amended after the independence of Bangladesh. In 1990s, some important integrated Acts such
as the Bangladesh Environment Conservation Act, 1995 and its Rules, 1997 and the Environment Court, 2000 etc., are
passed for the development and conservation of the environment of Bangladesh which enormously carried out for the pro-
tection of the forest and forest resources in Bangladesh. There are some limitations such as lack of enforcement, non-
coordination, corruptions, outdated laws, insufficient penal provisions etc., which makes hindrance to the implementation
of the forest laws and policies in Bangladesh. It is suggested that the policy implications framed in this study should strictly
be emphasized for the implementation as to bringing about sustainable forest environment and development of Bangladesh.

Keywords: Forest Law, Forest Policy, Forest Resources, Empirical Findings, Bangladesh

Plan has been approved [2].The Master Plan is manufacture

1. Introduction oriented and participatory and also endeavors at strengthen-
Forest is a sub sector of agriculture and it is one of the ing institutional facilities. Steps that have been undertaken
main components of the environment, which has been con- by the Department of Forest during, 2002-2003 for effec-
tributed a lot to mankind conserving sound environment on tive implementation of policies under the Master [Link]
the earth. It is contributing a significant part to national the forest environment is exploited in many ways and in
economy and it is playing predominant role in maintaining various forms. To cope with these problems, the Govern-
ecological balance. The forest sector accounts for 1.86 per- ment has taken many initiatives to develop and conserve
cent of total GDP and 10.2 percent of agricultural income in the forest and forest resources in the country. In this regard,
2002-03. At present, the growth rate of this sub-sector is 5.0 a good number of forest legislations are actively carried out
percent. The total 45 percent has tree coverage [1].Around for the protection and conservation of the forest ecosystems
2 percent of total labour forces in the country are engaged in Bangladesh. But its legal foundation is not effective for
in forestry sub-sector. Increasing growth of population, the protection and management of the forest resources in
trespassing in forests, large-scale felling of trees for use as Bangladesh [3]; because existing laws are almost inade-
fuel, have had adverse impact on environment. The Gov- quate and out dated. Those laws have already been unen-
ernment has undertaken a comprehensive forest develop- forceable due to present socioeconomic changes of the
ment program aimed at large scale afforestation and preser- country. Most of the forest laws are promulgated before the
vation of forests in the country, offsetting depletion of for- independence of Bangladesh and are only recently being
est, ensuring supply of raw materials for timber-based in- revised and updated or yet to be updated [4].During the
dustries, preservation of biodiversity and wildlife. With British period 1757-1947, few forest laws were passed to
these goals, a twenty-year, (1995 to 2015) Forestry Master develop the forest resources of Bangladesh. But the devel-
50 Noor Mohammad: Empirical findings on the forest law and policy in Bangladesh

opment of laws and policies were increasing in course of Bangladesh, India and Pakistan have the identical legisla-
time. In fact, these laws were made only to serve the inter- tive up to 1947 on the management and administration of
ests of British colonial authorities [5].There are four Acts forest in this sub-continent [6].In general, the problems
including 3 Ordinances, 16 Rules, and some other amend- regarding forest management are broadly same in all the
ments of the forest laws passed to protect the forest and three countries. The pre-independence forest law still pro-
forest resources of Bangladesh. In this regard, the Govern- vides the basic legal provisions. In this regard, at present
ment of Bangladesh has formulated some policies and ac- Bangladesh faces worse situation than those of Pakistan and
tion plan to develop the forest ecosystems in the country. India. Glutaxylan, Dipterocapoxylon, Cynometroxylon fos-
The Government of Bangladesh has enacted the Bangla- sils, all from Miocene beds, discovered in adjacent areas
desh Environment Conservation Act, 1995 and its Rules, have affinities with species found today in tropical condi-
1997 to protect the environment dealing with the forestry, tions. A good number of Angiosperm plant fossils are also
fisheries, agriculture etc., of Bangladesh. Moreover, the observed from the areas adjacent to Bangladesh [7].The
Government has established two Environmental Courts to tertiary period was followed by a period of glaciation.
dispose of the cases related to environmental pollution and Some advancement occurred during the Pleistocene period,
[Link] this regard, the Environmental Court actively starting from around a million years ago, and ending at
carried out for developing the forest resources of Bangla- 25000 BC. But these advancements were interrupted by
desh. The paper explores the implementing problems of the interglacial periods, when the climate became less cold.
social forest law and policy with a view to assessing its This lowering of temperature eliminated most mammals
potentialities, constraints. Moreover, some policy implica- and also helped in extinction of tertiary and Siwalik [Link]
tions will be put forwarded in this regard. the proto- historic period, civilization flourished in the Sind
and Punjab (dating 4000 BC to 5000 BC); people then were
2. Methodology great users of timbers. No record, however, is available
about the forests of Bengal for the period [8].There is evi-
This research work has been undertaken in the sadar dis- dence of a flourishing Dravidian civilization in 2000 BC.
tricts of Khulna, Jessore, and Jhenidah of Bangladesh. The forests had a great role to pay in the development of
Some methods such as Interview, Formal and Informal Dis- this civilization. The early Aryans were pastoral people,
cussions through structured and unstructured questionnaire, interested in agriculture. They cleared forests in certain
Observation are used for this [Link] of the respondents areas to settle down and maintained all their industries in
are the Government officials in forest department. But the the sylvan surroundings of the forest. Vedas, Brahmanas,
respondents are not specified in number because; the Gov- Aranakas, and Puranas throw light on the forest and fore-
ernment officials are very busy at their works yet; around stry of the subcontinent during those periods, and their dis-
20 to 25 respondents on the basis of different criteria were tribution and composition can be conjectured from the two-
selected for this work. It is found that most of the respon- literacy contribution of the post-Vedic period, viz. Ramaya-
dents did not answer to my answer properly. For that reason, na, and Mahabhrata. Frequent references of Sal (Shorearo-
the observation method is given priorities. The researcher busta), Dhab (Anogeissuelatefolia), Billa (Aeglemarmelos),
has already done a study on fisheries and agriculture of kinsuka (Buteamonosperma), etc., have been made which
Bangladesh. He has observed that the problems of forest are common species in Bangladesh forests. In the epics, it is
laws and policies are as similar as those of agriculture and recorded that dense forests existed along the Ganges but it
fisheries of Bangladesh. That is why; the barrier and policy is difficult to ascertain from the description where the forest
implications of forest laws and policies are sometimes dis- was located. The next period to take into consideration is
cussed in relation with the agricultural and fisheries laws of the period of Greek invasion and the Maura Kingdom. Me-
Bangladesh. Moreover, forestry, fisheries and agriculture gasthenes described the period as one when many huge
are entire related. The researcher has given emphasis on the mountains abounded in fruit trees and many vast plains of
causes, which stand in the way of the implementation of the great fertility more or less beautiful but all alike interested
forest laws and policies of Bangladesh. This study is solely by multitudes of rivers. Emperor Ashoka was a great lover
applicable to the social forest laws and policies of Bangla- of forests and wildlife and took initiatives to preserve them.
desh. The researcher thinks that the observation method is Hiuen –Tsang voyaged India between 629–645 AD [9].His
appropriate as it involves legal issues and respondents are memoir gives extensive information on the distribution of
not really willing to talk to this sensitive issue. Based on it, forests at that time. During the Mughal period, incentives
I would like to add that we are able to get good results. were given to reclaim forest areas for agriculture. Babar in
his diaries well known that Bengal Suba had 24 Sirkars
3. Background including 5 in Orissa. AbulFazal mentions presence of fo-
rests in Jannatabad, Khalifabad and Bazuha. In Khalifabad,
Forest and forestry though not much facts is available, he mentions plenty of wild elephants; while in Bazuha thick
some research works indicate that extensive forest under long timbers suitable for masts. Jannatabad was grassy and
tropical range existed in the tertiary period in parts of Ban- full of wild buffaloes. The present Sundarbans, according to
gladesh. It is observed through the legislative history that the description, extended further north up to northern Nadia
 Agriculture, Forestry and Fisheries 2013, 2(2) : 49-66 51

and northern Jessore, and were full of crocodiles and tigers. of Forests. Through a resolution, the government of Pakis-
The Mughal policy on forest was one of indifference. They tan transferred the Forest Research Institute to the East Pa-
used the forests mostly as game reserves for the purpose of kistan Government and provided funds to convert it into a
sports. They were interested in trees from the gardening full-fledged forest research Institute in East Pakistan. The
point of view, and also for avenue planting. In short, it may political changes followed by the creation of Bangladesh in
be said that they had a creative and capable outlook on 1971 led to a new forest policy. Efforts began in 1972 to
plants, rather than any comprehensive policy on problems implement the policy ‘Forestry for all’ became the call, and
of forestry including its preservation, propagation, protec- more emphasis was placed to extend tree resources beyond
tion or improvement. The end of the Mughal period was the ‘reserve forests’ and steps adopted to plant trees in fal-
followed by the beginning of East India Company and later low, marginal lands, and in village groves. Measures to
the British rule. Primarily, i.e. in the 18th century up to the protect the biodiversity were also taken. Remarkable
middle of the 19th century, the forests were subjected to changes have occurred in the administrative setup of Ban-
exploitation on an enormous scale for shipbuilding and gladesh forests since 1980 [10].Social forestry has got more
railway sleeper production. There was no real endeavor at importance and districts with no or least forests have been
forest preservation. The forest attempt was taken in the brought under the canopy of social forestry. New forest
southern part of India. On 3r August 1855, Lord Dalhoshie, divisions were created in Rangpur in Khagrachari, Bandar-
Governor General of India, issued a memorandum where ban, Kaptai and Rangamati to create plantations in the tree-
for the first time; he proclaimed a plan for forest conser- less unclassed state forests.
vancy for the whole of India. According to Stabbing, it may
be called the Charter of the Indian Forests. Brandis in 1856 4. Brief History
was appointed as the Inspector General of Forests. A Forest
Department was established during British Rule for the first It is observed that most of the laws including forest laws
time on Ist November 1864. Scientific Forest Management prevailing in the country are the origin of the British co-
in India started under Brandis. He was assisted by Cleghora. lonial authorities. In the Indian subcontinent, it is also noted
In 1865, the Indian Forest Act was passed, and the Forest that the forest law is basically enacted in 1878. In this re-
Service was organized in 1869. By 1870, the foundation of gard, Bangladesh also inherited the forest laws from the
the Forest Department may be said to have been laid by British enacted laws. A good number of forest laws are car-
Brandis. A regular forest service began to exist and definite ried out for developing and promoting the forest resources
progress in forestry started between 1971-1900. Forests in Bangladesh in order to meet the changed society’s re-
were separated and the Forest Act was revised in 1878 (Act quirements of the country. According to the Forest Act,
VII of 1871). Between 1871 and 1900, steps were taken to 1927, it has been existed about 18% or 2.6 million hectares
organize technical education and training of personnel to of forestland under the supervision of the Department of
fill up the executive and controlling of personnel to fill up Forest in Bangladesh. Of them 2.4% has been destroyed
the executive and controlling branches of the forest service. and 6% to 8% out of 10.3% is now environmentally endan-
The first forest School was opened in Dehradun, India in gered [11].Deforestation and large scale cutting of trees can
1878. In 1906, Lord Curzn opened the Imperial Forest Re- produce extremely harmful effects and increased radiation
search Institute at [Link] 1879, 4856 sq. km (1875 will cause atmospheric temperature increasing. Due to in-
sq miles) of Sundarbans were declared as Protected Forest creasing rate of temperature, large soil particles will inte-
and in 1893 Heinig prepared a working plan of the Sundar- grate high day temperature and will cause a breakdown of
bans. In 1880, closure to shooting, hunting, and fishing was homes with consequent biotic changes, which may result in
first applied. In 1867, Leeds joined as conservator of Fo- a deterioration of soil quality. In the absence of the wind
rests after the resignation of Anderson. In 1872, Schlieh shelter of trees, soil moisture is created. There shall be tree
joined as conservator of Forests. In 1925, EO Shebbare roots to bind the soil, and when rain falls and the water run
started systematic inquiry into private forests. The forest off occurs, there will be large-scale soil erosion and loss of
administration of East Pakistan was reorganized. First into the fertile topsoil. There are serious consequences, which in
two, and then into three circles, namely, Eastern, Western, the long run will prove disastrous have happened West Ra-
and Development [Link], Cox’s Bazar, Chitta- jasthen. In the continuation of the past 20 years, now, the
gong Hill Tracts and Syhlet constituted the Eastern Circle; environment of forest is at stake in Bangladesh. Forest
Sundarbans, Dhaka, and Mymensingh the Western circle; bears a great significance to the economy and ecological
and the Working plan, and Utilization Divisions remained stability of Bangladesh. Most of the forests are located in
under the Development Circle. A school to train foresters Chittagonj Hill Tracts, Khulna district, Sylhet Dhaka, My-
was established at Syhlet. In 1960, the post of Chief con- mensingh and Tangail. At present, Bangladesh is not rich in
servator of Forests was formed. A college for training For- forest resources. This contribution has greatly declined over
est Rangers was also established in Chittagong. The Forest the past several decades. The forest area comprises only 17
Research and Training of Superior Service Officers re- percent of its land out of which Forest Department manages
mained as a Central Government subject and was controlled about 10%. However, only 6% of these lands are under
from Rawalpindi (West Pakistan) by the Inspector General canopy forest cover. Off-forest land covered by trees is
52 Noor Mohammad: Empirical findings on the forest law and policy in Bangladesh

about 7%. In the other source, it is mentioned that the forest firewood, fruits and seeds, clothes, medicines, furniture,
areas comprises only 9% of its land, which is very injurious house building materials, etc.
to life on earth and is also difficult to lead life. The defore- • Forest shape natural environment by influencing such
station and temperature rate becomes very high in compati- factors as temperature, humidity and precipitation.
ble to life due to the improper use of tress, disobedience to • Forest plays the most important role in keeping the at-
law relating to forest etc Bangladesh is over populated and mospheric balance by consuming CO2 and producing O2,
there is a tremendous demand for the use of woods for agri- the latter being essential for the animal life.
culture, aquaculture, homestead, and other purposes. There- • Forests prevent soil erosion and even flood.
fore, deforestation rate is too high. There is need to arrest • Forests maintain biogeochemical cycles of water, car-
the declining trend of forestry. Contribution of the forest bon, nitrogen oxygen, phosphorus, sulfur and a number of
sector to GDP is 3.3% at current prices [12].It is universally other chemicals.
accepted principles that 25% of the forest is required for • Forests help in public health protection by reducing
maintaining ecological balance in any country or region of physical and chemical contaminants of the environment.
the world. The National Forest Policy, 1894 provides the • Forests provide suitable habitats for large number of
basic guidelines for the formulation of acts and rules for the plant and animal species.
management of forests in the country. This attempt was • Forests are the valuable resources to the study and re-
made in 1855 for conserving forest resources by the British search in various branches of natural sciences.
India through the promulgation of the Charter of Indian • Forests have great aesthetic value. All People appre-
Forests. After the partition of India in 1947, the policy was ciate the beauty and tranquility of forests.
not relevant for the new state of Pakistan, which inherited • For maintaining ecological balance or environmental
forest cover for less than 2% of its territory. The existing balance.
policy neither contemplated the increase of forest area nor • Helpful for reducing poverty.
emphasized sustained harvest from existing forests. Fur- • Helpful for creation of job opportunities etc.
thermore, it excluded private forests from its ambit. These
deficiencies were reorganized in the Pakistan Forestry Con- 6. Causes of Deforestation
ference held in 1949. The conference guidelines provided
improvement upon the policy statement of 1894 and a new The deforestation rate in Bangladesh is very high in
Forest Policy was announced in 1955. The Forest Policy, comparison to India, Indonesia, Thailand, and Philippines
1955 was further revised and the Forest Policy of 1962 was etc., of the world. Deforestation rate of Bangladesh is about
introduced. The Forest Policy of 1955 and 1962 laid em- 3.3%, which is 0.6% of South Asia. There are many cause-
phasis on the exploitation of forest produce, particularly sof deforestation in Bangladesh such as population pressure
from East Pakistan [13].The policies did not help the devel- /overpopulation, wide-range of poverty; settlement or miti-
opment of forestry in Bangladesh and were not very favor- gation of land less people in the forest areas, shifting culti-
able for all round growth of [Link] addition, increase in vation, inappropriate exploitation of forest resources, graz-
population and increased demand for food and other essen- ing, illegal feeling; for fuel wood uncontrolled and wasteful
tials resulted in heavy pressure on forestland, leading to commercial exploitation, lack of awareness of the value of
ecological degradation. Even though Bangladesh became forests, historical changes in the ownership of the forests
independent in 1971 and its National Forest Policy was not especially the enactment of the East Pakistan Private Forest
announced until 1979. Act of 1949 (Act of 1950), the enactment of the East Pakis-
The policy announcement of 1979 is very common and tan State Acquisition and Tenancy Act, 1950 worked as
ambiguous. Most of the essential aspects such as purposeful incentives for felling trees indiscriminately, partition of the
classification and use of forest land, role of forest as the sub-continent, and transfer of the forest to the forest de-
ecological foundation of sustainable biological productivity, partment and natural phenomenon also caused deforestation
community participation in forestry, etc., did not get any [14] . It creates some impacts such as rare wildlife and bio-
mention in the policy declaration. Consequently, the Gov- logical diversity that have also reduced quite rapidly, many
ernment decided to amend the Forest Policy of 1979. The species have disappeared altogether, human habitat, the life
amended Forest Policy known as Forest Policy, 1994. In the and culture of the forest communities have also be severely
early 1990s, a 20-year Forestry Sector Master Plan, 1993- affected, and ethnic communities are also seriously affected
2012 was developed, which aims to bring 20% of the coun- etc.; [15].
try’s land area under tree cover.
7. Major Initiatives
5. Significance
The government of Bangladesh has taken many initia-
The forests of a country make an asset of immense value tives for the development and protection of the forest and
to the human society and mankind as well. Its important forest resources of Bangladesh. The initiatives are observed
areas are as follows: since the independence of [Link] deforestation
• Forests provide a number of products such as timber, is a great problem and that is why; the Government as well
 Agriculture, Forestry and Fisheries 2013, 2(2) : 49-66 53

as the Non-Governmental Organizations has taken many 7.1. Environment Policy Relating to Forest
steps both in the national and international arena to protect
the forest environment for combating deforestation in the Environment policy is a collection of decisions that go-
country. The following institutions and their formulated verns the general aims and objective of governing bodies. It
strategies are working in this regard: is also a political commitment and it depends upon the ex-
• The Government Research Organizations. isting Government bodies. The Environment Policy has
• Forest Research Institute. made some sectoral environment policies such as fisheries,
• Bangladesh Forest Industries Development Corporation. agriculture, animal husbandry, forestry etc. Environment
• Bangladesh Council for Scientific and Research includes water, air, soil and physical properties and the inter
(BCSIR). relationship which exists among them such as human be-
• SPARSO. ings, other living creatures, plants and microorganism. But
• The Ministry and Department of Government of Ban- the natural resources are unregulated and misuse of existing
gladesh. natural resources and the peaceful co-existence of these
• Ministry of Environment and Forest (MOEF). components and the resources are being threatened [19].It
• Ministry of Agriculture. is mentionable here that, the Environment Policy of 1992
• Ministry of Fisheries. has few provisions regarding the conservation of forest and
• Ministry of Industry. forest resources of Bangladesh which are not enough to
• Department of Environment under the Ministry of En- meet up the needs [20].It is short-term and temporary poli-
vironment and Forest. cies, which cannot contribute to the development of forest
• The policies of Government relating to forest environ- and forest resources for achieving the conservational goal
ment may be taken into consideration to protect the envi- [21]. Forest is an important sector of environment. The
ronment. government has formulated the Environment Policyand
• The Environment Policy, 1992. action plan in1992. Later, the National Forest Policy was
• The Forestry Master Plan, 1997. passed in 1998 for the promotion and protection of the en-
• Forest Policy 1994 and Forestry Sector Master Plan, vironment of Bangladesh [22]. The Environment policies
(1995-2015). are given here:
The Government of Bangladesh first formulated the Na- • Conserve, expand and develop forest to sustain the eco-
tional Forest Policyin 1979 [16]. This policy has not taken logical balance and meet the socio-economic needs and
into consideration the village forestry resources, the main realities.
supplier of the country’s forest produce. It had not given • Include tree plantation programs in all relevant devel-
due stress on people’s participation in augmenting forest opment schemes.
resources in the country which has become absolutely ne- • Stop shrinkage and depletion of forestland and forest
cessary under the changed socio-economic legal scena- resources.
[Link] as the situation began to change with increased de- • Develop and encourage use of substitutes of forest
mand for forestry products and consequent depletion of products.
forest resources and degradation of the overall environment, • Conserve wildlife and Biodiversity, strengthen related
the Government had to update it and formulate a revised research and help insemination and exchange of knowledge
policy, which is known as the Forest Policy in 1994 in the concerned area.
[17].Most of the forest and forest resources are under the • Conserve and develop wetlands and protect migratory
control of the Department of Forest, Ministry of Forest and birds.
Environment. Its main responsible is the protection and The Government has implemented several projects for
scientific management of the forest environment of Ban- developing biodiversity conservation for all beings on earth.
gladesh so that the environment is not distressed and the The biodiversity project is held in Khulna for Sundarbans
resources are sustained. development and conservation. But it is observed that the
Moreover, the Government at present is giving emphasis proper environment impact assessment is often overlooked
on the social forestry, which is a major portion of the forest which is a gross violation of the Bangladesh Environment
in Bangladesh. It bears very important role for the protec- Conservation Act, 1995 and its Rules, 1997 [18].
tion, and conservation of the environment of the country. 7.2. National Forest Policy
Presently, the Government has been working for the devel-
opment of the social forestry for the purposes of building Since independence, it is observed that different govern-
up a green society of the country. The social forestry is ac- ments of Bangladesh have been taking many initiatives to
tively carried out throughout the country. The government develop the forest and forest resources of Bangladesh. But
has taken many initiatives for the development of the social its history is too long to describe. There were available a
forestry in Bangladesh. In this regard, six factorssuch as few information relating to forest earlier in 1800. At that
permanent tenure of land, profit maximization, prescribe time, most of the forests were considered as God-gifted and
team or group work, training, saving programs, gross profit the people had access to most of its products.
sharing system are the main factors of the social forestry. The Government has formulated the following National
54 Noor Mohammad: Empirical findings on the forest law and policy in Bangladesh

Forest Policy in 1979 [23]. forestry will be encouraged to promote multiple use of land,
• All forest land in the country shall be carefully pre- economic and environmental development through exten-
served and scientifically managed for qualitative improve- sive implementation of social forestry and homestead fore-
ment. stry.
• Government forest shall be designated as national fo- • Forest industries will actively attempt to explore alter-
rests and shall not be used for any purpose other than fore- native source of raw material. They will also make efforts
stry; and horizontal expansion of the forests shall be in new to grow and procure their own raw materials either directly
land formations in the coastal belt and offshore areas, in the or indirectly.
depleted hills of the Unclosed State Forests and in suitable • Development projects in all sectors will incorporate and
khas lands. implement the government decision of forestation.
• Tree and timber wealth shall be increased by large scale •Effective measures will be taken to ensure direct partic-
planting through mass participation and optimum extraction ipation of women in afforestation programs in thanas and
of forest produce shall be undertaken to meet national re- villages.
quirement. • Priority will be given to the protection of wildlife, wet-
• Utilization of forest produce based on modern trend and lands, birds and animals. Research and development
technology shall be ensured. projects will ensure protection of nearly extinct species.
• Measures for meeting the raw material requirements of • The present prohibition on hunting and export of wild-
forest based industries from national forests and for setting life and wildlife hides will continue. Prevention of wildlife
up of new forest based industries shall be adopted habitats, establishment of wildlife sanctuaries will be en-
• Research, education and training in forestry shall be or- couraged.
ganized so as to scientific, technological and administrative • Research on biodiversity, exchange of knowledge and
needs of the forest sector in the country. experience will be strengthened. For this purpose, research
• Measures shall be adopted for managing the forest sec- and information centers will be established and surveys will
tor by members of a cadre of officer constituted for that be conducted to assess latest status of wildlife and biodiver-
purpose. sity.
• Relevant laws shall be updated for the purpose of im- • Alternative building materials and fuel sources instead
plementation of the national forest policy and the forest of wood and import of wood will be encouraged.
sector shall be organized as a separate administrative unit • Regular surveys and research will be conducted to as-
of the Government. sess the state of deforestation, forest expansion and affore-
• Steps shall be taken for the conservation of forests for station.
protection of natural environment and preservation of wild-
life and for full utilization of recreational potentialities of 7.4. Forest Action Plan Authorities
forests; and technical assistance shall be extended to those The Government of Bangladesh has setup implementing
interested in forestry. agencies for undertaking the implementation of the forest
This policy was first adopted in 1979 to safeguard and policies in Bangladesh. The implementing authorities are
scientifically manage the forest but has been slow in im- the following a) Ministry of Environment and Forest b)
plementation. It does not stress the importance of designat- Ministry of Commerce c) Ministry of Information) Ministry
ing protected forests versus productive forests. It also does of Agriculture e) All Ministries f) Department of Forest g)
not recognize the significance of preserving genetic diversi- Local Government Division h) Local i) Government Organ-
ty and the ecosystem of the forest within the scheme of ization k) Bangladesh Forest Industries Corporation l) For-
sustainable development. Although forestry laws have re- est Research Institute m) BCSIR n) Planning Commission o)
cently been revised, a comprehensive review and a well- Department of Environment p) Science and Technology
integrated policy reform within a multicultural framework Division q) SPARRSO.
are still needed for the purpose of developing forest envi-
ronment in Bangladesh.
8. Development Trends and Strategies
7.3. Forest Action Plan
After the independence of Bangladesh, the Government
The Government of Bangladesh has formulated and has undertaken various programs for the development of
passed the following action plans for the purposes of devel- the forest and forest resources of Bangladesh.
oping and conserving the forest and forest resources in the First five-year Plan
country. • The existing forest area of the country is inadequate to
• Steps will be taken to protect present forest resources, meet the growing requirements of timber and firewood.
prevent deforestation and effect extensive afforestation. • By intensive resource management practices, making
• Enrichment plantation of reserve forests will be accele- full use of production, potentials of these forestlands
rated. • The minimum requirements of the country can be met
• Forest Growing more trees and enriching forest re- by internal production of timber and firewood for some
sources in the rural areas will be given priority agro- time more.
 Agriculture, Forestry and Fisheries 2013, 2(2) : 49-66 55

• Judicious management of the mangrove forest of Sun- dimensional expertise is required for the formulation of
darbans and extension of a forest belt along the coast for environmental policy which are lacking in Bangladesh
production of inland agricultural land and habitation. [29].Therefore, government organizations and non-
• Making all use of homestead wasteland in rural and ur- governmental organizations have to strictly formulate and
ban areas for planting trees through extension service. implement the environmental policies realizing from our
• Bringing all available forestlands and potential forest own context. Recently, environmental consideration and
lands under regular management of the forest service by administration has become a burning issue in Bangladesh.
reservation and use them for multiple benefits etc; [24]. Since independence, different governments of Bangladesh
Second Year Plan have formulated and developed detailed policy frameworks
• Acceleration of exploitation of the existing high forests in different times. The policy formulation gets priorities
of the hills and converting them into plantations. 1990s. It includes the National Environment Policy (1992),
•Making use of homestead land for planting trees and National Environment Action Plan (1992), Forest Policy
bamboo by strengthening and extending the existing exten- (1994), Forestry Master Plan (1993-2012), Environment
sion efforts. Conservation Act (1995), draft National Conservation
• Utilization of marginal lands for the introduction of Strategy, etc. Lastly, the National Environment Manage-
non-traditional items such as rubber, oil palm, jack fruit etc. ment Action Plan (NEMAP) has been prepared with wide
• Raising plantation in the coastal areas and the offshore participation of stakeholders and people at the grassroots
islands for protection against cyclones and tidal bore and level. The regulatory regime in Bangladesh, with about 200
stabilizing soil. environment-related laws, has a bearing effect on the envi-
• Developing research and training programs. ronment, both direct and indirect. But studies around the
• To adopt the concept of forestry for community devel- world have shown that government regulation, as an in-
opment. strument is inefficient, ineffective, and costly, in most of
• To conduct scientific format management. the cases. The policies sound more mission-like, with
• To strengthen wildlife management and expand recrea- statements of pious objectives, rather than real policy direc-
tional facilities [25]. tion. The Forest Policy states the need for establishing a
Third Five-year Plan triangular partnership among the Forest Department, the
Under the third five-year plan, it has been observed that people and the NGO’s, but there is no direction as to how
the activities of this year plan are as similar as that of the the alliance will be forged. There is a chapter in the Indus-
second five-year plan [26]. trial Policy (1991) on financial incentives to industries, but
Fourth Five-year Plans (1990-95) no incentive provision for industrial pollution control has
The objectives of the fourth five-year plan (1990-95) in- been mentioned. The NEMAP is rightly highly praised for
itiates the following plans for the development of the forest: its grassroots level participation and as a reflection of
• Conservation of forests and development of forest re- people’s concern about the environment. What is now
sources (Government and Private), forest inventory, grading needed is the use of economic policy instruments, including
and quality control of forest products. the pricing of environmental resources as a policy level for
• Afforestation and regeneration of forest extraction of its effective implementation. A sound policy formulation
forest produce. requires trade-off between development and environmental
• Plantation of exotic cinchona and robber. objectives. This requires application of tools from environ-
• Tree plantation. mental economics. Specifically, resource information and
• Planning cell-preparation of schemes and Coordination environmental indicators need to complement economic
in respect of forest. information for policy development. Thus, market mechan-
• Research and Training in Forest. isms can do the job of deciding about this [Link] the
• Mechanized of forestry operations. above-mentioned policies are analyzed on the legal and
• Protection of wild birds and animals and established of sector basis and would like to inquiry how far it is imple-
sanctuaries [27]. mented [30].Trees and forests, the great friends of human
Fifth five-year Plan being and animals, provide food and shelter. Sheltered by
The main objectives of the fifth plan will be to expand some greedy and irresponsible political leaders men in the
forest resources, make forests productive, develop institu- vicinity of forests are taking away forest resources indi-
tional capabilities and encourage people’s participation: scriminately. Because of this canopy layer and the under-
• Conservation of vulnerable watersheds, protection of growth of forests are being destroyed on one hand and the
forests on step slopes and afforestation of blanks in much sources of herbal medicines are getting destroyed on the
awareness. other. Many of our wild animals and useful insects are fac-
• People's participation in augmentation forest resources ing extinction too. Adverse effects on climate and environ-
through social forestry and community forestry program's. ment are taking place. Adopting illegal means the exploita-
• Preservation of genetic diversity of the flora and fauna tion of the flora and fauna of the forests of the Sundarbans,
[28]. Madhupur and Chittagong Hill Tracts are going on unaba-
From the above discussion, it is observed that the multi- tedly. During the 60s a maund of Sundari wood used to sell
56 Noor Mohammad: Empirical findings on the forest law and policy in Bangladesh

in the local market for six taka. At present nowhere a nomic importance include sundari covering 73 percent of
mound of Sundari wood may be found for less than ten tree population, gewa, baen, keora, khalshi, dhundul, garjan,
times that amount. Similar is the condition of other wood hental etc. Gewa population covers nearly 16 percent of
like Goran, Bain and Possure [31].The tree covered area of trees in the Sundarbans. Other trees occupy the remaining
this densely populated country shrunk to merely less than 11 percent. The major tree species planted along the coastal
six percent in 1995 from nearly 20 percent in 1927. This area include keora, gewa, glopata, kakra, etc.
trend has no doubt serious consequences on the overall en- The major causes of forest degradation in Bangladesh in-
vironmental conditions of the country. Consequently wild- clude over-exploitation, sharp increase of population in the
life, bio-diversity, and human population have reached a forest areas, socio-political unrest in Chittagong Hill Tracts,
point. It is believed that a country should possess at least 25 natural calamities, monoculture of trees, jhum cultivation,
percent tree covered area in order to maintain its ecological degradation of law and order situation, rapid urbanization
balance. The climate and soil of Bangladesh are very much rate that followed the liberation war of 1971, etc. In addi-
favorable for forest growth. In general, forest growth rate in tion, poor policy framework, poor management, and institu-
Bangladesh is almost three times faster compared to the tional weakness also play their parts in the degradation of
growth rate of humid temperate countries. Under such con- forests. Bangladesh Forest Department proved its ability in
dition, rapid dwindling of Bangladesh forest area is indica- the management of state forests. The century old tradition
tive of several human induced factors. On the contrary, if of Bangladesh Forest Department has largely been eroded
our attention is focused toward India, we will find that both and the department has become sick now. Recruitment in
forestry and the stalk density are showing an increasing the forestry professional and subordinate cadres has
trend. At present, India’s forest covered area is more than stopped since 1987. Nearly 150 non-cadres Assistant Con-
40 percent. Bangladesh at present has a total forest land servator of Forest recruited under different development
area of 2.6 million hectare. This includes 2.2 million hec- position. These officers, who possess forestry degree along
tare of state forest and 0.4 million hectare of private forest- with over 10 years’ experience, suffer lack of service secu-
land. Out of the 2.2 million hectare of state forests 1.3 mil- rity and promotion opportunity. Consequently, the officers
lion hectare is managed by the Bangladesh Forest Depart- of Bangladesh Forest Department are increasingly becom-
ment and the remaining 0.9 million hectare of Unclassified ing vulnerable because of the lack of training, promotion,
State Forests are managed by the district administration, and proper exposures. The Bangladesh Forests Research
village and homestead forests, tea estates and rubber planta- Institute, Chittagong, which is supposed to prove feedback
tions include 0.27 million hectare and 0.07 million hectare to Bangladesh Forest Department with information genera-
respectively. Bangladesh Forest Department manages fore- tion through research, has been proved weak organization
stry, which includes hill forests (0.6 million hectare), Sal too. Out of its 153, more than 60 posts are lying vacant
forests (0.12 million hectare) and tidal mangrove forests since long. Unlike other research institutes the recruitment
(0.6 million hectare). In addition, there exists nearly procedures are clumsy, time consuming and the recruitment
100,000 hectare of planted mangrove forests along the rules are unacceptable to the staff of Bangladesh Forest
coast. The hill forests in the northern fringe, east and sou- Research Institute. The recruitment problem of Bangladesh
theastern raglans of Bangladesh include Unclassified States Forest Research Institute will remain unresolved unless it is
Forests. Reserved Forests and Protected Forests. Hill fo- turned into an autonomous body. Bangladesh Forest Indus-
rests have been broadly classified as Tropical Evergreen trious Development Corporation is a bankrupt organization
and Semi-Evergreen forests, which supply nearly 40 per- too. Its products are lying most often unsold. Degradations
cent of the commercial timber to the market. The major of natural forests in Bangladesh are causing degradation of
timber growing species include garjan, civit, chandul, cha- floral and faunal bio-diversities, turning forests unsustaina-
palish, shimul, toon, Korol, dhakl jam etc. In addition, there ble, degrading the ecosystem which consequently is pro-
are plantations of teak, eucalyptus, dhakijam, garjan, ma- voking flood and drought, affecting temperature and rain-
hogany, chapalish, shisoo, manglum and many other spe- fall. As a resent, agricultural productivity is declining which
cies. The undergrowth includes bamboo cane and fattanns, in turn create rural poverty and social inequity. At present,
savanna and many other plant species of immense econom- forestry is taught as a discipline in Sylhet, Chittagong and
ic and environment values. The sal forests cover large area Khulna universities. Bangladesh Agricultural University
of the Madhupur tract in the central part and Barind tract in also created a department on Agro-forestry. Large numbers
the northwest region. The sal forests at present is denuded, of graduates with degree on forestry are coming out every
degraded, and encroached. The tree species of major- year form these universities. They, however, either face
economic importance include sal (Shorearobusta) that cover unemployment or lake employment in the non-forestry sec-
nearly 70 percent of the tree population. Other species in- tors. This is not only a kind of brain drain, but also wastage
clude korol, chambal, jogini choker, kalka, sidal, bazna, of taxpayer’s money as per capita expenditure incurred for
amlaki, sonalo, ajuli, gadila, etc. The Sundarbans cover producing a forestry graduate is much higher than a general
nearly 6 million hectares of littoral forest that occur in the graduate [32].
southwest part of Bangladesh and in the Chakoriathana of It is mentioned that collective outlook should be reflected
the Cox’s Bazaar district. The tree species of major eco- in all sectors of national development. Such programs
 Agriculture, Forestry and Fisheries 2013, 2(2) : 49-66 57

should be undertaken and implemented with the inclusion observing and considering the Forest Act, 1927 and in addi-
of matters relating to environment. With his end in view tion, this Act covers all procedural matters in implementa-
and to prevent the declining nature of the environment, the tion in all aspects related to forest conservation and devel-
government has promulgated the Environment Policy, 1992. opment in Bangladesh. That is why; this Act is contributing
This policy has been prepared with the intention of over-all largely for the conserving and developing the forest and
and effective management of the environment. 15 different forest resources in the countrywide. But it is regret that
sectors have been defined and separate implementation there is weakness in enforcement of the laws by forest of-
programs have been drawn for them. The Environment Pol- ficers due to legal and institutional shortcomings [37].
icy, 1992 contains the directives for the implementation of The Private Forests Ordinance, 1959.
the steps taken to conserve environment at the national lev- This Acthas been passed in order to provide for the con-
el with the coordinating efforts of government or semi- servation of private forest and for the afforestation in cer-
government or autonomous organizations or departments. tain cases of wastelands in Bangladesh [38]. Cattle, Con-
In order to encounter the problems related to environmental, servation, Controlled Forest, Forest, Forest Produce, Private
all the 15 sectors would initiate necessary steps. Forest, Timber, Tree, Vested Forest and Wasteland have
been defined in this Act. In the development of the private
9. Major Forest Legislations forest, the government may help the owner of the private
forest for conducting these forests and the owner shall carry
A good number of forest legislations are prevailing in the out all terms and conditions in the working plans. The Gov-
country. These Acts actively carried out significant role to ernment may take some initiatives in this regard. The in-
the management and development of the forest and forest serting punishment of this Ordinance is very insignificant
resources in Bangladesh. The existing forest laws bear re- which should be enhanced immediately for the present need
levance in environmental aspects of Bangladesh. In fact, of the country.
almost countries have laws with regard to pollution, exploi- The Cattle Trespass Act, 1871.
tation of mineral resources, and preservation of forests. The Cattle Trespass Act25 is applicable in the reserved
However, application of such laws tends to be rare in many forest or in any portion of a protected forest [39]. It has
places, mostly in the poor countries, as political and eco- already been lawfully closed to grazing in the forest. If the
nomic interests overlap these. During the Mughal period cattle caused to damage the plantation, then the forest offic-
(1203-1538), the forests were leased out by the local kings. er or police officer may seize and impound them in the pre-
The proper management and administration of forests were scribed manner. There is a provision for fine in this act. The
started in the 1860s after the establishment of a Forest De- forest officer shall never be involved with the forest trade.
partment in the province of Bengal. In this regard, some Every person who exercises any right in a reserved or pro-
laws were enacted to develop and regulate the forest and tected forest, or who exercises any right in a reserved or
forest resources [33].These rules and regulations were for- protected forest, or who is permitted to take any forest pro-
mulated on the basis of long–existing acts and policies. duce from, or to cut and remove timber or to pasture cattle,
These laws were also amended, modified and improved in such forest and every person who is employed by any
upon over the time. Forest legislation in Bangladesh dates such person in such forest, and every person in any village
back to 1865, when the first Indian Forest Act was enacted. contiguous to such forest who is employed by the govern-
It provided for the protection of tree, prevention of fires, ment or a local authority for services to be performed to the
prohibition of cultivation, and grazing in forest areas, until community, shall be bound to furnish without unnecessary
a comprehensive Indian Forest Act was formulated in 1927. delay to the nearest forest officer or police officer. The con-
The Forest Act, 1927. cern is that if any offences assisting any forest officer or
The forest Act [34]were passed in 1927 in order to con- police officer demanding his aid in preventing the commis-
solidate the lawrelating to forests, the transit of forest pro- sion in such forest of any offence, or, when there is reason
duce and the duty leviable on timber and other forest pro- to believe that any such offence has been committed in such
duce [35]. This Act was amended in 1930. Since the parti- forest, in discovering and arresting the offender, shall be
tion of India, the Act was amended in 1949 and 1962. After punishable with imprisonment for a term which may extend
the independence of Bangladesh, the forest Act was further to three months, or with fine which may extend to two
amended in 1974 but the major changes was taken place in thousand taka or with both. It seems that the inserting pu-
1989. The forest Act was enacted to preserve and safeguard nishment is very insufficient to face the present socio-
forest in general, both public and private. The Cattle, Forest economy conditions of the country. The punishment should
Officer, Forest Office, Forest Produce, Owner, River Tim- immediately be enhanced so that the offenders do not think
ber and Tree have been used for the implementation of this twice to commit those offences.
Act [36].This Act bears some important provisions23 such List of Forest Legislations.
as constitution of reserved forest, formation of any forest- Numerous Rules and bye-laws are framed by the Gov-
land or wasteland or any land suitable for afforestation will ernment to protect and develop the forest and forest re-
be the property of Government. It may be treated a mother sources of Bangladesh. These byelaws are basically appli-
Act of all the Acts. Because, rest of the Acts are enacted cable for the protection and preservation of the forest and
58 Noor Mohammad: Empirical findings on the forest law and policy in Bangladesh

forest resources in the areas of Chittagong and Chittagong and Animals protection Ac, 1912, and n) the Bengal Rhino-
Hill Tracts, Sylhet, Dinajpur and Rangpur and Sundarbans ceros Preservation Act, 1932.
of Bangladesh. Here, most of the forest laws including bye- All the above forest laws are passed to administer the fo-
laws are given below: rests and forest resources of Bangladesh. It is also men-
• The Forest Act, 1927. tioned that those laws related to forest have to be properly
• The Attia Forest (Protection) Ordinance, 1982. implementation for the forest environment and develop-
• The Private Forests Ordinance, 1959. ment of Bangladesh, which is a major part of our existence
• The Private Forests Ordinance, 1959. on earth.
• Drift Timber Rules For the Sundarbans Forest Division
and for the Chittagong Hill Tracts Divisions and for Sylhet
District, 1881. 10. The Role of International Treaties
• Sylhet Forest Transit Rules, 1951. Regarding Forest
• The Forest Industries Development Corporation Ordin-
ance, 1959. Some important international environmental laws as re-
• The Bangladesh wild life (preservation) Order, 1973. gards to conventions, treaties, conferences are held to pro-
• Dinajpur and Rangpur Forest Transit Rules, 1954. tect and develop the forest and forest resources of the world.
• Sylhet Forest (Protection from fire) Rules, 1954. Bangladesh is a merely a signatory party because, those
• Rules for the Preservation of Trees and Timbers belong- treaties have not yet been ratified. The signatory treaties of
ing to the government in the district of Chittagong, 1955. Bangladesh are briefly discussed here:
• Rules Regarding Powers of forest officers under the Convention on International Trade in Endangered Spe-
Forest Act, 1959. cies of Wild Fauna and Flora.
• The Chittagong and Chittagong Hill Tracts Reserved The Government of Bangladesh signed this convention
Forests Fire Protection Rules, 1958. on 18.02.82. The purposes of this convention are to protect
• Rules Regarding Powers of forest officers under the certain endangered species from over-exploitation by
Forest Act, 1959. means of a system of import and export control.
• Prohibition and Rules Effecting Protected Forest in Convention Concerning the Protection of the World Cul-
Sundarbans, 1959. tural and Natural Heritage.
• Forest Transit Rules of Chittagong and Comilla Dis- The Government of Bangladesh signed this convention
tricts, 1959. on 3.11.83 for the purposes of establishing an effective sys-
• Rules for the Control of Transit of Timber and other tem of collective protection of the cultural and natural her-
Forest produce and for the Measurement and registration of itage of outstanding universe value, organize on a perma-
Boats used For Transit InSundarbans Forest Divisions, nent basis and in accordance with modern scientific me-
1959. thods.
• Dhaka Forest Transit Rules, 1959. International Plant Protection Convention
• Mymensingh Forest Transit Rules, 1959. The Government of Bangladesh signed on 01.09.78. The
• Rules on Hunting, shooting and Fishing, 1959. objective of this convention is to maintain and increase
•The Forest Transit Rules, 1960. international cooperation in controlling pests and diseases
•Rules For the Execution of Contracts by officers of For- of plants and plant products, and in preventing their intro-
est Department, 1960. duction and spread across national boundaries.
• Rules for Administration of lands along works, Housing Plant Protection Agreement for the Asia and pacific Re-
and settlement communication and building Department gions.
roads passing through the Forest, 1960. The Government of Bangladesh signed this agreement on
The Relevant other Legislationshaving relevance to For- 1.9.78. The purpose of this agreement is to prevent the in-
est Conservation of Bangladesh [39]. troduction into and spread within the region of destruction
There are substantive and procedural laws that have bear- plant diseases and pests.
ing relevance directly or indirectly on forests and forest Conventions on Climate Change on Bio Diversity.
resources of Bangladesh. These laws include a) The Ban- Bangladesh signed this convention in June 1992. It needs
gladesh Penal Code, 1860, b) The Cattle trespass Act, technical and institutional assistance to satisfy the conven-
1871,c) The Evidence Act, 1872, d) The Limitation Act, tion.
1877,e) The Code of Criminal Procedure, 1898, f) The Some other important International Conventions related
Code of Civil Procedure, 1908, g) The State Acquisition to forest:
and Tenancy Act, 1950, h) Rules made under the Protection Some important international conventions are passed for
and Conservation of Fish Act, 1950, I) The Government the purposes of developing and conserving the different
Land (Recovery of Possession and Building Act, 1952 j) sectoral environments of the world. The under signed con-
The Acquisition and requisition of immovable Property ventions are carried out its environmental considerations.
Ordinance, 1982 k) Brick Burning ( control) Act, 1989. l) • Act of Foundation of a consultative committee for the
The Elephant’s preservation Act, 1879,m) The Wild Birds International Protection of Nature, (Bernie), 1913.
 Agriculture, Forestry and Fisheries 2013, 2(2) : 49-66 59

• Conservation for the protection of Migratory Birds in Lack of Co-Ordination

the United States and Canada, (Washington), 1916. The responsible Government’s officials in the field of fo-
• Convention Relative to the Preservation of Fauna and restry, agriculture, fisheries etc., are not sincere to the sub-
Flora in their Natural State,( London), 1933. ordinate officials. They do not pay heed to the concerned
• Convention for the Protection of Migratory Birds and officials or the concern field staffs. The field staffs do not
Game Mammals, 1936. help the concerned authority sincerely. The government
• Convention on Nature Protection and Wildlife Preser- officials lack in co-ordination among the Government offi-
vation in the Western Hemisphere, (Washington), 1940. cials. For that reason, the smooth development is not possi-
• International convention for the Protection of Birds, ble to achieve. This kind of attitude is often observed in the
(Paris), 195. implementation of forest laws and policies in Bangladesh.
• Agreement for the Establishment on a Permanent Basis Lack of coordination amongst policies, districts and upazil-
of a Latin American Forest Research and Training Institute, la administrations and the Forest Department hampers en-
(Rome), 1959. forcement of [Link] policy makers do not show any in-
• Agreement concerning co-operation in the Quarantine terest in making and improving co-ordination among the
of plants and their protection against pests and Disease, concerned officials for conducting and regulating the de-
(Sofia), 1959. partmental activities of the country. They are always en-
• European Convention for the Protection of Animals gaged in other activities such as consultancy, private wel-
during International Transport, (Paris), 1968. fare activities etc. They sometimes make contact among the
• Benelux Convention on the Hunting and Protection of officials for the purposes of the government functions. The
Birds; (Brussels), 1972. MohiuddinFarooque in his book entitled “Regulatory Re-
• Convention on the Conservation of Migratory Species gime on Inland Fisheries in Bangladesh: Issues and Reme-
of Wild Animals (Bonn), 1979. dies” stated that in fisheries resources development, the
• Convention on the Conservation of European Wildlife institutional or the infrastructure facilities is not up to the
and Natural Habitats, (Bernie), 1979. mark rather it is weak in condition for which the fisheries
The above mentioned legal instruments are used as legal resource depletion is on degradation. The lack of institu-
mechanisms for the conservation and development of the tional accountability adds to the less developed of the fore-
forest biodiversities throughout the world for ensuring safe stry, fisheries etc. The forest and fisheries department large-
environment. It is observed that these mechanisms are not ly depend on various sectoral departments. The diversified
properly implemented due to technical defects such as re- duties are assigned on many other agencies. As a result, the
source constraints, lack of [Link] study urges for the duties and responsibilities are not unified in shape. Conse-
effective implementation of those mechanisms. The donors quently, the internal institutional capabilities become weak
agency may come forward in this regard. and the expected outcomes are not properly done. The poli-
cy framework also lacks in co-operationor co-ordination
11. Empirical Study and Discussion among the concerned agencies or stakeholders. For exam-
ple, there is a 17-member executive Committee under the
Most of the respondents argue that the implementation of Industrial policy (1991), but there is no representative from
laws and policies in forest are implemented partially i.e. it the Ministry of Environment or the Department of Envi-
is implemented around 40 percent to 50 percent of the total ronment.
implementations and the rest of the implementations are not Institutional Weakness
carried out due to the following causes that may treated as Institutional weakness of the Department of Forest is one
barriers behind the implementation of forestry laws and of the causes for resource depletion. The Department of
policies of Bangladesh. These barriers may include socio- Forests is not as strong as the other departments. The diver-
cultural, legal etc., which are simultaneously discussed be- sified duties such as protection, exploitation, afforestation,
low: extension, planning and training are assigned to a single
Conservativeness professional cadre. The lack of institutional accountability
People living in the society are stick to conservativeness. adds to the panic.
This conservativeness lacks in the development of the so- Corruption
ciety. The people of conservativeness lag behind in the case Corruption is alarmingly mounting rate in the forest. It is
of advanced or developed society, which is an obstruction a great barrier to the development of forest and forest re-
in the implementation of the forest laws and policies in sources of Bangladesh. Moreover, this malpractice is going
Bangladesh. on in full length in the forest. Consequently, some problems
Chaotic such as drought, increasing the rate of temperature, are ha-
Chaotic is one of the main barriers to the development voc to the development and environmental aspects of Ban-
sectors such as forestry, agriculture, fisheries etc., of Ban- gladesh.
gladesh. The chaotic situation or the people, who engage in Insufficient Modern Facilities
this practice, create barrier in the implementation of forest The modern facilities are not enough for meeting up the
laws and policies in Bangladesh. present needs of the forest department. For that reason, the
60 Noor Mohammad: Empirical findings on the forest law and policy in Bangladesh

proper evaluation is possible to achieve. This insufficient But it is regret that the environmental lawyers are hardly
facility creates problems in the implementation of forest found to deal with the regulating environmental quality.
laws and policies of Bangladesh. That is why, the proper implementation of forest laws and
Communication Gaps policies are not smoothly done.
The people in the society are not interested in dealing Insufficient Environmental Courts
with the communication for achieving development in fore- The prevailing environmental courts are not enough in
stry, agriculture and fisheries etc., in the country. The lack the execution of the forestry, agriculture and fisheries re-
of communication hinders problematic situations in all de- lated environmental issues in Bangladesh. Although some
velopment issues of Bangladesh. civil courts are working dealing with forest and the fishe-
Unawareness ries cases yet, it is not satisfactorily done. Because, the civil
The people in our society are not aware about the rights courts are overburdened with other civil cases. Moreover,
and duties conferred upon them. So, unawareness of the there are two environmental courts dealing with the envi-
people in the society is a great barrier to the development of ronmental cases in two divisional headquarters in Bangla-
the country; because they don’t understand how to achieve desh, which is very nominal in this respect.
development for their own happiness. The value and signi- Bureaucratic Problems
ficance of the natural resources such as forestry, agriculture It is admitted in all hands that bureaucracy and corrup-
and fisheries are not evaluated properly due to awareness, tion is the main obstruction in the development of forestry,
which may be termed as a barrier in the implementation of agriculture, fisheries etc., of Bangladesh. At present, the
forest laws and policies. country is overburdened with this problem. The bureaucra-
Elite Person’s Pressure cy feels interest in widening in the paper writing rather than
The elite person in the society has a keen role for build- the implementation of the development programs. The gov-
ing up a happy society. They engaged themselves in politics ernment faces many problems in the implementation of the
and also in the development activities in the society for the development projects such as forestry, agriculture and fi-
interest of the people of the community. They sometimes sheries etc., in the country. At present, the government
involve in dirty politics and corruptions, which is called the should set up legal mechanisms like ombudsman to tackle
village politics. It stands in the way of development in these problems. It is mentioned that some professors such
Bangladesh. The role of elites often makes problems in the as Dr. M. ZainulAdedin of IBS, RU, Dr. KatshuhitoYahi-
implementation of the forest laws and policies of Bangla- shimata (Japanese) and Dr. AnwarulHasan Sufi delivered
desh. their views in a saminar against the question raised by Noor
Legal Barriers Mohammad; research fellow held at IBS on 01.02.2005 that
Application of environmental legislation is the prime the corruptions may be eliminated by establishing Om-
need for ensuring public safety in Bangladesh. But the envi- budsman in all administrative functionaries in the country.
ronmental laws vary from place to place due to diverse so- These strategies should be placed at the policy making.
cial and cultural factors. This may also vary due to econom- Moreover, they suggested us that the corruption may be
ic potentials and needs. In fact, most of the countries have rooted out by properly empowering the local representa-
laws as to pollution, exploitation of mineral resources, pre- tives of the country and in this regard, the public represent-
servation of forests etc. However, application of such laws atives should be corruption less. In this regard, proper initi-
tends to be rare in many places, mostly in the poor coun- atives should be taken to eliminate the corruptions in all
tries including Bangladesh, as these are overlapped by po- respects.
litical and economic interests. In this aspect, Bangladesh Non-compliance of "Polluter Pays" Principles
faces some legal barriers, which are given below: It is interesting to note that most of the lawmakers of our
Lack of Enforcement country are not acquainted with the formulation of law and
It is observed that the enforcement officers don’t take ne- policy due to lacking in educational qualifications. These
cessary initiatives in the implementation of forest, agricul- lawmakers have to depend on the bureaucrats. But it is
ture and fisheries laws and policies in the country. It is not- known to the bureaucratic that how to make ineffective
able that the necessary legal supporting mechanisms are laws and policies in the country. Consequently, the impor-
also insufficient in the implementation of those laws. In this tant and widely known effective provisions named ‘the pol-
regard, Md. SaifulKarim has narrated his article titled “the luter pays principles’ are not inserted to the environmental
Legal Framework for Conservation of Coastal and Marine Acts and policies in the enforcement of the legal matters in
Environment” that it is not a lack of legislation that is ham- the country. That is why; it is mentioned that the non-
pering the control of undesirable activities in coastal areas compliance of polluter pays principle is a great barrier in
as much as the lack of enforcement of legislation. This lack the implementation of the laws and policies in any sectors
of enforcement has resulted in the judiciary becoming ac- such as forestry, fisheries, agriculture etc., in the country.
tively involved in environmental protection as in India. But if we study the environmental laws and policies of the
Lack of Trained Lawyers developing countries such as New Zealand, China, USA,
It is reasonable to tell that there are many lawyers of dif- Australia etc., we can observe that pollution pays principle
ferent categories dealing in the legal matters in our country. has been inserted to their laws and policies.
 Agriculture, Forestry and Fisheries 2013, 2(2) : 49-66 61

Lack of Proper Authority in Issuing Licenses. twice or don’t take priority basis over environmental as-
At present, environmental consideration is a burning is- pects for the purposes of developing environment in the
sue now a day. Its importance is discussed everywhere in country. As a result, the proper and sustainable develop-
the world. But in the context of Bangladesh, it is often rea- ment of environment of forestry, fisheries, and agriculture
lized the importance of the environmental aspects. It is fre- in the country is not done.
quently absent in any development activities of the country. Procedural and Structural Weakness of Bureaucracy in
Besides, the development projects as well as the environ- Implementation of Policies
mental issues are implemented mostly through the local The structure of bureaucracy of the government is very
government bodies such as thanaparishads, union parishads, complex by nature and this system is inherited from the
zillaparishads, municipalities etc. Moreover, the govern- British colonial authorities. These systems were only domi-
ment has empowered these institutions in many ways in nating tendency and it was not for the people’s participation
different forms. But it is noted that the authorities of these oriented. This administration is at present in vogue in Ban-
institutions are not compliance with the environmental con- [Link] has not clear vision rather it is vague and un-
sequences. The authorities concerning environmental issues friendly in the present context of Bangladesh. That is why;
are not properly trained up and also they are not acquainted a significant change should be brought about in the policy-
with the environmental issues in the most of the cases. So, making. The present bureaucracy systems hinder the policy
the proper authorities in the case of environmental consid- implications, which should be rooted out from the policy
eration are insufficient in the implementation of any envi- level for the purpose of sustainable development and envi-
ronmental issues such as forestry, agriculture, fisheries etc., ronment of forestry, fisheries, agriculture etc., in the coun-
of the country. Lack of proper authority is a great barrier in try.
any implementation of those laws and policies in the coun- In adequate Information of Natural Resources
try. Natural resources are the vast and important factors of
Lack of Monitoring and Continuous Assessment the environment. Without natural resources, the environ-
Monitoring and assessment are good instruments for ment is hardy observed. But it is regret that the government
achieving sustainable development in any country. Modern or the government authorities are not interested to know the
democracy emphasizes these systems. But it is not properly importance of natural resources and information for the
implanted in any development aspects such as forestry, purposes of achieving sustainable development and envi-
agriculture and fisheries etc., of the country. In this regard, ronment in the country. Moreover, the scientific research is
it is observed that lack of monitoring and continuous as- insufficient and it hinders the way of the development of
sessment is responsible for not implementation of any de- the forestry, agriculture and fisheries in Bangladesh.
velopment activities of the environment in the country. Bottom up Method
Lack of Qualified Planners or Policy Makers It is a method for collecting data and information from
Bangladesh is a democratic country. So, the democrats the field officers or concerned person who is quite known
are conducting the country with the help of bureaucracy. about those facts and circumstances and who is also may
That is why; the planners or the policy makers may not be well known about the solution or policy implications. The
qualified. Moreover, most of the bureaucrats are corrupted concern persons of the modern age also believe in this me-
and not friendly to the environment of forestry or any sec- thod. It has been given much importance for the application
tors of Bangladesh. So, there is a great lacks in policy mak- of the bottom up method instead of top down method. Most
ing for achieving sustainable development and environment of the concerned respondents requested to the authorities to
in the country. implement the proper development issues of the country.
Lack of Holistic Approach Otherwise, the sustainable environment and development of
It is known to us that environment is a multi dimensional forest, fisheries and agriculture is not possible to achieve. It
matter. So it requires the mutli dimensional measures to is observed that bottom up method is blessing for any envi-
protect and conserve the environment such as forestry, fi- ronment of the country.
sheries, agriculture etc. That is why; the holistic approach
for environmental protection measures is prerequisite for 12. Recommendations
environmental conservation and development in the country.
But it is regret that this attitude is absent in this regard. From the experiences of the field visits, it is observed
Development Takes Priority over Environmental Consid- that the following policy implications may be taken as
erations strategies for achieving sustainable development and envi-
The Government of Bangladesh implements various de- ronment of forest and forest resources of Bangladesh.
velopments projects at the cost of millions or billions. To Enhance Co-Ordination
These development projects are not properly done in accor- From the point of experiences in the field investigation, it
dance with the provisions of the Bangladesh Environment has been strongly suggested to the concerned authority to
Conservation Act, 1995 and its Rules, 1997. Moreover, make co-ordination in full length among all the officers and
these projects are formulated and designed by the systems staffs in all hands and to ensure well behavior for the prop-
of bureaucracy. But the government authorities don’t think er implementation of the Government’s activities. Every
62 Noor Mohammad: Empirical findings on the forest law and policy in Bangladesh

respondent has raised that coordination should immediately salaries allowance, technical facilities, scientific facilities,
be ensured. The respondents urgently requested to make infrastructure, residential areas, necessary academic and
them conscious about the proper co-ordination. Without library facilities are to be provided as much as required in
proper coordination, forestry, fisheries and agriculture etc., the forest or any other department of Bangladesh.
shall be seriously affected in the case of Bangladesh. Management of Irregularities in the Office
Top down Method It has a lot of irregularities such as disobedience to loyal-
It is an imposing method. The policy makers or the plan- ty, absence of good relation, lack of social capital, discrimi-
ners sometimes impose some policies upon the executives nation among officers and staffs, insufficient facilities, un-
for the implementation of the Government’s development skilled man power, lack of trained personalities, etc., are
activities in Bangladesh. At present, the policy makers or often found in the office. The policy makers are to be sin-
the planners are applying this method. The scholars of the cere and also to be taken step for the proper implementation
world criticized it seriously and they suggested for applying of the office management in the office of forestry, agricul-
the bottom up method instead of top down method. Every ture and fisheries etc., of Bangladesh.
field officer has claimed to change this method. This me- Proper Evaluation of the Fitness
thod does not solve the real problems. Now, it is harmful The proper evaluation means to give recognition of all
for the present context to meet the present needs of the the fitness including all academic attainments, training,
country. Every one has suggested not to apply this method vocational certificates, research and research activities,
in context of present days needs. good performances and it should be properly evaluated for
Elimination of Corruption the better carrier of the Government service holders for
Corruption means to adopt or to practice illegal activities. bring about sustainable development and environment in
These activities are not permitted or legally protected by forestry, agriculture and fisheries etc., of Bangladesh.
the legal systems of any country. Corruption is the greatest Establishing Natural Justice
barriers to the development perspectives in any country of Some principles of natural justice such as right to self-
the world especially for Bangladesh. Every journal, Trans- defense, hearing the both parties, etc, of the administrative
parency International (TI reports) as well as the daily pa- laws is to be appropriately ensured in the case of justice
pers has focused seriously about the impact of the corrup- among the officers related to any fields. The policy plan-
tion on the development of Bangladesh. Every sector in ners are to be careful for maintaining the principles of natu-
Bangladesh like forestry, fisheries and agriculture involve ral justice for bring about sustainable development in any
in corruption. These should be immediately rooted out for fields such as forestry, agriculture, fisheries etc., of Bangla-
the sake of the development in Bangladesh. desh.
Political Appointment Practical Knowledge to be needed
The Government used to often appoint manpower for this Sometimes, it is noted that the policy makers are not
position through the political manner. The persons who are equipped in the practical knowledge for the proper imple-
involved in politics appointed for this position. It should be mentation of the government activities. But it is urgently
changed rather it would be appointed well-qualified persons. needed to have this knowledge to conduct the concerned
The Government should be careful about their appointment department smoothly. The policy makers should be careful
in policy making. about the proper utilization of the practical knowledge in
Empowerment of the Technical Knowledge any field of Bangladesh.
The policy makers or the policy planners are the heart of Careful about the Bureaucratic Policy
a nation. They should be well educated in all hands espe- The policy makers and the bureaucrats are closely related
cially in the technical knowledge. They shall be empowered in the implementation of the development issues such as
and technically sound for the present needs of the country. forestry, agriculture, fisheries etc., in Bangladesh. As a re-
Without technical knowledge, the policy makers shall be sult, the dual administration is after found in the administra-
not be well equipped in the implementation of forest laws tion. They always influence each other. As the bureaucrats
and policies in the country. are trained up in all respects, so the policy makers shall be
Contractual Service or Appointment aware of them for the implementation of the project activi-
The policy makers remain very busy at different purpos- ties in respect of Bangladesh.
es. This appointment should be made through the persons in To Acquire Knowledge about the theory of Development
the fixed term basis. This appointment should be renewal As the policy makers as well as the executives are stay-
for the next term. The contractual service is widely applica- ing at the corner of development perspectives in Bangla-
ble in the world at present. This practice should be intro- desh. So, the policy makers and the executives should have
duced in the country in case of appointment in all levels thoroughly knowledge about the theory of development
considering all aspects of Bangladesh in comparison to especially the development for what and development for
world position. whom. The policy makers and the executives should be
Logistic Support well known to the development activities and its acquiring
The logistic support means the facilities such as suffi- policies in the implementation of forestry, agriculture and
cient man power, equipment facilities, vehicles, sufficient fisheries etc., of Bangladesh.
 Agriculture, Forestry and Fisheries 2013, 2(2) : 49-66 63

Free From Political Involvement Co-ordination among all the Administrative Organs to be
The appointed policy makers and the executives some- ensured
times deal with the politics. This political involvement af- The co- ordination among all the departments such as
fects the project implementation like fisheries, forestry and Water and power Development Authority (WAPDA), Road
agriculture etc. They should be highly free from political and High ways, Local Government Engineering Depart-
involvement and the Government should be quite conscious ment (LGED), forestry, agriculture, fisheries, etc., should
about their appointment. be enhanced for the proper management of those agencies.
Motivational Technique to be applied It could have done for the interest of the nations building.
Sufficient motivational problem exists in the field offic- The Policy Maker should sit at the Problem Oriented
ers. The officers and the subordinates are not habituated in Areas
practicing motivational activities in the field where the The policy makers in general sit at Dhaka based office,
projects are implemented. At present, a few motivational the capital city. They are not able to find out the actual
programs have been undertaken for the preservation and problems and its possible solutions. They sometimes want
protection of the environment and development. The policy to know from the executives for gathering information. Al-
makers or the executives should take necessary steps in the though they want it, they do not take further action for the
implementation of the governmental policies in forestry, implementation. If the Government sends the policy makers
fisheries and agriculture etc., in Bangladesh. to the problem-oriented areas or the problem facing areas, it
Appointment of the Local Consultant may be a wise act for the proper implementation in forestry,
The foreign consultants are appointed as consultant in the fisheries, agriculture etc., in Bangladesh.
country instead of local consultant. But it is a matter of Frequent Visiting and Inspection Systems to be intro-
great regret that the foreign consultants are not properly duced
acquaintant with the local problems. Moreover, they are Visiting and inspection system is one of the processes for
paid huge amount of money. So it might be a problems in achieving success of any area such as forestry, fisheries etc.
the development of Bangladesh and the social problems of It is proven that it has a great importance for improving
the country may not be solved though the proper utilization development activities. But it is rarely found in the field
of her resources. In this regard, considering our own prob- administration. Sometimes it is found in inspection through
lems, the local consultant should be given priorities in the the audit team. But it is also corrupted. As a result, devel-
implementation of legal matters concerning forest and any opment is not possible up to the expectation.
other matters connected therewith. Japanese Systems to be Introduced
To Reduce Bureaucratic Attitudes in the Grass Root Le- The Japanese systems in relation to forestry, agriculture,
vels through the Fiduciary Relations fisheries and other sectors or services are to be introduced
The fiduciary relations among all the staffs should be en- in policy making. In Japan, the service structure or pattern
hanced for the proper management for achieving develop- like annual confidential report (ACR), performances, activi-
ment in forestry, fisheries and agriculture in Bangladesh. It ties in the officers and staffs, salaries and allowance are
is noted that there is a great hazard in the field officers like integrated in the concerned officers; staffs and other related
district officers to union level officers and for that reason, staffs. They evaluate one another performances and it is
the hazardous situation is continuing in the forestry, fishe- submitted to the proper authorities in the particular purpos-
ries, and agriculture. The Government should take appro- es, which is different from that of Bangladesh and other
priate step for removing the discriminatory activities and countries of the world. It seems that the Japanese systems
the necessary measures should be taken immediately for are to be introduced in the case of implementation of forest
sustainable development and environment of Bangladesh. laws and policies.
Ensuring Good Governess The Field Officers to be Included in the Policy Making
The administration or the governance in forestry, fishe- The policy makers are host in themselves. They are not
ries and agriculture of Bangladesh is not satisfactory in all interested in participating in the field officers for the proper
hands. The principles of good governance are absent in this implementation of the governmental activities. It affects the
administration. At present, the said proverb proves that the development and environment of the country. If the Gov-
lawmakers are the lawbreakers in Bangladesh. So it is ernment and the policy maker include them for making
clearly said that the desirable good governance is not en- policy, the country will get more fruitful result. The Gov-
sured in the country. The government should be aware in ernment and the policy maker should take care in the im-
this matter. plementation of the forest laws and policies in the country.
Removing of the Administrative Weakness The Relevant Policy and its Implementation to be en-
There is much weakness such as corruption, untrained sured
personalities, discrimination in salaries and allowances etc., The Government has formulated some policies in fishe-
in the administration. These should be removed and the ries, forestry and agriculture and so on sectors in Bangla-
transparency is to be maintained and established in the ad- desh. But these policies are hardly [Link] is written
ministration. The Government should aware of this section in the form of document. This tendency is also a problem in
for appropriate action. the implementation of the forest laws and policies in Ban-
64 Noor Mohammad: Empirical findings on the forest law and policy in Bangladesh

gladesh. The policy paper needs implementation. found in the forest department. The Government may intro-
To Increase Budgetary Allocation duce the awarding system for attainment so that the concern
The policy makers or the planners should aware about persons will get much inspirations for their work for which
the preparation of the budget, which has been introduced in the significant progress may be possible to achieve.
the financial year. The fisheries, forestry and agriculture
etc., have been suffering much for want of budgetary allo- 13. Conclusion
cations. These allocations are not properly regulated or
maintained in implementation of forestry, agriculture and From the above discussion, it is observed and found the
fisheries etc., for which the sustainable development is not concept of the preservation of the forest and forest re-
possible to achieve. The Government as well as the policy sources was found in the British period. Later on, it has
makers may enhance budgetary allocation in these sectors been developed gradually. After the independence of Ban-
for sake development and environment of Bangladesh. The gladesh, the government of Bangladesh has developed
insufficient budget makes hindrance to the implementation much. Many initiatives such as such as enactment of new
of forest laws and policies. laws, policies etc., are passed for the preservation of the
Formulation of the Newly Recruitment Rules forest and forest resources of Bangladesh. But this sector
It is observed that there is discrimination in the recruit- didn’t adequately developed due to non-coordination, insuf-
ment rules procedure especially in the fisheries, forest sec- ficient penal provisions, lack of enforcement of laws, inef-
tors of Bangladesh. That is why; the sufficient recruitment fective provisions of forest laws and policies etc. The gov-
is not possible. The Government and the policy maker ernment may rethink and consider about the implementa-
should investigate and eliminate these anomalies in re- tion procedures of law and policy in the country. The gov-
cruitment It ultimately makes barrier in the implementation ernment should aware about the effective implementation
of forest and fisheries laws and policies in Bangladesh. of forest and forest related laws and policies for achieving
To Increase Man Power sustainable environment and development of those areas of
Every department of the Government has been suffering Bangladesh. The Department of Forest are implemented
and has been affecting much for want of manpower. With- many projects such as Community Forestry Development
out proper utilization of manpower, development is imposs- Project, Nursery Development Project, Social Forestry
ible. So, manpower should urgently be recruited for the Project etc; funded by ADB for the purpose of attaining
vacant position in the implementation of development ac- sustainable development and environment in the forest
tivities in Bangladesh. Administrative Transparency is to be areas of Bangladesh. The training programs of the forest
maintained for the rooted out of the administrative hazards department should be much more effective for the stake-
through the Accountability. The administration is fully oc- holders. In this regard, the Government may consider the
cupied with corruption, mismanagement, irregularities, policy implications framed in this research for the sake of
undutiful etc., and there is no transparency in the adminis- bringing about sustainable forest environment and devel-
tration. As a result, the administrative hazards are prevail- opment of Bangladesh. We should be more aware and ef-
ing in the country. The Government should immediately fective about the Green South Asia, 2007. Finally, it should
interfere upon the administration for the better management be understood that the wildlife conservation including all
of the admini09stration for ensuring development and envi- other species is possible to preserve and conserve by the
ronment of the country. Moreover, the people’s welfare proper implementation of the above mentioned forest laws
oriented administration is to be reorganized for Bangladesh, and policies in Bangladesh. It will helpful for the sustaina-
which is a demand of the present world. The people welfare ble nature conservation. Some new laws and policy should
administration is prevailing in the world. We should follow be introduced considering our own state and needs com-
the developing countries administration for bring about pared to developed countries of the [Link] us think over
sustainable development and environment of the country. collectively and sincerely for the proper implementation of
Special Days like Weekly, Fortnight Days Monthly etc to our national and international mechanisms for the sake of
be observed for awareness Building our own existence.
It is hardly found the observance of the weekly, monthly
days in fisheries, forestry and agriculture of Bangladesh. It Acknowledgements
has been a great impact on the people’s concentration for
awareness building for the proper implementation of the First of all record, my profound sense of gratitude to my
above sectors in Bangladesh. The Government should ob- direct reverend professor and also my doctoral research
serve some special days in the months of a year, which may supervisor Dr. M. RabiulHossain and his wife Ms. Sufia-
carry significant values to the related programs for which Hossain, Professor & Provost and ex-Dean, Faculty of Law
the development may be possible for the country. and my co-supervisor Dr. M. Mostafa Kamal, Associate
Awarding Systems to be introduced Professor, Institute of Bangladesh Studies, University of
At present, it is observed the awarding systems of the fi- Rajshahi for their scholarly and painstaking supervision,
sheries sectors of Bangladesh but it is not satisfactorily inspirational support, untiring guidance and sympathetic
done. On the other hand, the awarding systems are not co-operation at all stages of my research, without which
 Agriculture, Forestry and Fisheries 2013, 2(2) : 49-66 65

this study as a part of my PhD researchwould not have been findings of this research work and so on.
possible. During my research work, I have received cordial I would like to express my gratitude to all that I have
help and positive attitude from both the respected supervi- been developing my teaching and research career by partic-
sors, particularly, Dr. M. RabiulHossain who doesn’t know ipating in the different national and international confe-
how to speak negative approach to the research fellows. He rences, seminars, workshops etc.
constantly helps and dearly loves me. On the other hand, Dr. I am indebted to my wife, Mrs. Rokeya Sultana (Bulu),
M. Mostafa Kamal always helps me in all respects. It is who suffered a lot during my long period of deep engage-
notable that, he has provided me with his own personal ment with this 00000study but offered me all kinds of help,
chamber at IBS for my research work for day and night. co-operation and inspirations. I am also indebted to my
Both my supervisors who spared no pains to hold my ener- mother, brothers, sisters, Bhabi, Lantu, Taz, Sheuly, tinny
gy up in the work. I could not complete this work but for brothers and nephew and niece and other relatives whose
the constant supervision and encouragement of my guide it love and affection always inspired me to complete this the-
has got its present stage. Simple words of thanks and ac- sis.
knowledgements cannot express any gratitude to them. Last but not least, it is kindly noted that it is my first
I would like to acknowledge my indebtedness to the In- draft and you may kindly forgive my weaknesses.
stitute of Bangladesh Studies, University of Rajshahi for
offering me all kinds of academic supports and facilities for Dedicated To
this research work. I am grateful to my teacher Dr. M. Zai-
nulAbedin, Professor and Director, IBS, Ex-Director Pro- In the memory of the Metropolitan University, Sylhet&
fessor Dr. Priti Kumar Mitra, Dr. SwarachishSarkar and Bangladesh University, Dhaka where I started my teaching
[Link], Assistant Professor of IBS and other re- career and have been considered as foundations and inspira-
lated teachers at IBS for their valuable suggestions during tions of my research endeavors (Please pray for them &
my research. Besides, M. ZaidurRahman, M. ShahajanRari, ALL).
M. Fazlul Hague Akonda, M.A. Abdus Salam Akon, M.
AftabHossain along with all staffs have helped me much at
IBS. References
I would like to express my gratitude to Dr. Begum As-
maSiddiqua, Professor, Department of Law & Justice and [1] GOB, Bangladesh Economic Review, 2003, Economic Ad-
versary’s Wing, Finance Division, Ministry of Finance, June,
A.N.M. Wahid, Chairman, at the department for their valu- 2003.
able guidance and inspirations in my research career. I am
also grateful to all my respected teachers at the Department [2] A.N. ShamsulHoque, “Environment and Health Bangladesh
of Law & Justice, Rajshahi University. Experience: An Overview”, Journal of the Institute of Ban-
gladesh Studies (JIBS), Vol. 17, June 1994, p. 5.
I would like to acknowledge with thanks to all my class-
mates particularly M. AminulHaque, AnkhiBhabi, A.S.M. [3] M. Salar Khan, et al. Bangladesh Environment : Facing the
Ekramulla, Dr. Mst. RehenaSiddiqua, Dr. Uttam Kumar 21st Century, Philip Gain (ed.) (Dhaka : Society for Envi-
Das, Dr. M. Khabiruddin, Dr.A.k.M. AkhtarulKabir, Lub- ronment and Human Development (SHEHD, 1998), p. 41
naApa, AzamBhai, KaziHasan Kamal, BakulBhai, Sumon, [4] MohiuddinFarooque, Law and Custom on Forests in Ban-
Sharmi etc., and rest of the fellows at IBS for sharing ideas gladesh: Issues & Remedies (Dhaka: Bangladesh Environ-
and views with me. Besides, I also thank to the respondents mental Lawyers Association, 1997), p. 96.
and relevant personality who directly or indirectly helps me [5] Serajul Islam(ed.), National Encyclopaedia of Bangladesh,
during my research work. Vol. 4 (Dhaka : Asiatic Society of Bangladesh, 2003), p. 248.
I would like to acknowledge to Dr. A.F.M. Shamsur-
Rahman, Professor of History, University of Rajshahi, [6] GOB, Department of Forest, 2001.
Chairman Md. AyubHossain Khan and MdTabiburRahman, [7] Neaz Ahmed Siddiqui, Mangrove Forest in Bangladesh
Lecturer JhicargachaMohilla College, Jessore and members (Chittagong : Institute of Forestry and Environmental
of Kastovanga Union ParishadKaligonj, Jhenidah, Sciences, Chittagong University, 1997), p. 25.
[Link], Md. SabdarHossain, Md. AbdusShu- [8] Serajul Islam(ed.), National Encyclopaedia of Bangladesh,
kur, Abdul Hannah Md. RezaulKarim, Md. Shariful Islam Vol. 4 (Dhaka : Asiatic Society of Bangladesh, 2003), p. 248.
Khan, Mami, M. MocklesurRahman etc., has kindly helped
me much. Without their help especially both the Chairmen, [9] National Forest Policy, 1979.
I could not proceed on. I am bound to gratitude to them [10] M. Salar Khan, et al. [Link].
forever in addition to my supervisors.
I would like to acknowledge to the Metropolitan Univer- [11] MohiuddinFarooque, Regulatory Regime on Inland Fishe-
ries in Bangladesh : Issues and Remedies (Dhaka : Bangla-
sity Sylhet, Bangladesh for encouraging supports towards desh Environmental Lawyers Association, 2001),p. 152.
me for doing research and development. Additionally, I
would like to acknowledge to some important related inter- [12] Environment Policy and Action Plan, 1992.
national conferences including the UiTM for presenting the [13] MohiuddinFarooque, Regulatory Regime on Inland Fishe-
66 Noor Mohammad: Empirical findings on the forest law and policy in Bangladesh

ries in Bangladesh : Issues and Remedies. Vol. 4 (Dhaka : Asiatic Society of Bangladesh, 2003), p. 248.

[14] GOB, First Five-Year Plan, 1973-78, November 1973. Min- [23] The Forest Act’1927 (Act No. XVI of 1927).
istry of Planning, Dhaka.
[24] MohiuddinFarooque, Law and Custom on Forests in Ban-
[15] GOB, The Second Year Plan, 1978-80, September, 1978 gladesh: Issues & Remedies, p. 15.
Ministry of Planning, Dhaka.
[25] The Private Forests Ordinance, 1959 (Ordinance No.
[16] GOB, The Third Five Year Plan, 1985-90, Ministry of Plan- XXXIV of 1959).
ning, Dhaka.
[26] Other Legislations include substantive and procedural laws.
[17] GOB, The Fourth Five Year Plan, 1990-95, Ministry of Definitions of Substantive and Procedural Law are men-
Planning, Dhaka. tioned here. Law defines the rights, which it will aid and
specifies the way in which it will aid them. So far it defines,
[18] GOB, The Fifth Five-Year Plan, 1997-2002, Ministry of thereby creating, it is “substantive law.” So far it provides a
Planning, Dhaka. method of aiding and protecting it is Procedural or “Adjec-
tive law.” Dr. TahirMahmood. N.S. Bindra, Interpretation of
[19] Mizan Khan, “Environmental Policy-making in Bangladesh”, Statutes, 7th ed. (Allahbad : The Law Book Company LTD,
Bangladesh State of Environment Report, 1999, Dhaka, pp. 1984), p. 646.
217-218.
[27] MohiuddinFarooque, Law and Custom on Forests in Ban-
[20] “To End Deforestation”, Weekend Independent, 15 February gladesh: Issues & Remedies, p. 15.
2002.
[28] Mizan Khan, “Environmental Policy-Making in Bangla-
[21] M.M. Hassan, “The Dwindling Forests on Bangladesh”, The desh”, pp. 217-218.
Bangladesh Observer, February 28, 1999, p. 5.
[29] MohiuddinFarooque, Law and Custom on Forests in Ban-
[22] Serajul Islam(ed.), National Encyclopaedia of Bangladesh gladesh: Issues & Remedies, p. 17.