Land Reforms Act, 1977

Legal Instruments Land Tenure fill■ Land Reforms Act, 1977 LAND REFORMS ACT, 1977 [5th January, 1977] An Act provide for further land reforms. 03 I Natural Resource Whereas it is in the supreme national interest to bring about a more equitable distribution of wealth by carrying out further land reforms: And whereas Clause (1) of Article 253 of the Constitution of the Islamic Republic of Pakistan provides that Parliament may by law prescribes the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person: It is hereby enacted as follows: Chapter I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Land Reforms Act, 1977. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. 2. Definitions.- In this Act unless there is anything repugnant in the subject or context: (1) "Commission" means a Federal or a Provincial Land Commission constituted under the Land Reforms Regulation, 1972. (2) "Government" means, in relation to the Islamabad capital territory, the Federal Government, and in relation to a Province, the Government of that Province; (3) "Irrigated land" means land irrigated by a canal, tubewell, well, lift, spring tank or by any other artificial means of irrigation; (4) "Land" means land which is occupied or has been and can be let for agricultural purposes or for purposes allied or subservient to agriculture, and includes that sites of buildings on such land but does not include land occupied as the site of a village, town, factory or industrial establishment; (5) "Orchard" means land under fruit trees planted to a density of 25 trees or more per acre grown and maintained by human effort; (6) "Owner" includes a person deemed to be an owner under Sub-section (4) of Section 184 of the West Pakistan Land Revenue Act, 1967, (W.P Act XVII of 1967); Environmental Law in Pakistan I Federal 205 03 I Natural Resource (7) "Person" includes a religious, educational or charitable institution, every trust whether public or private, a Hindu undivided family, a company or association or body of individuals, and a cooperative or other society, but does not include a local authority, a university established by law, a joint stock company which is directly or indirectly held or controlled by Federal Government or a Provincial Government or by both or any other body in which the Government holds majority interest; (8) "Public dues" includes dues payable by a person to the Federal Government, or a Provincial Government or to a body directly or indirectly controlled by such Government; (9) "Prescribed" means prescribed by rules made under this Act; (10) "President" means the President of the Islamic Republic of Pakistan; (11) "Produce index unit" means the measure in terms of which the comparative productivity of an area of land of a particular kind in a particular assessment circle or area was computed and expressed for the purposes of the schemes relating to the resettlement of displaced persons of land or was determined under the provisions of the repealed Land Reforms Regulation, 1959 and the Land Reforms Regulation, 1972 and in respect of the assessment circle or area where no such unit was determined, such measure as may be determined, by the Commission for the Province within which such assessment circle or area is situated: (12) "Tenant" means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that other person and includes the predecessors and successor-in-interest of such person but does not include: (a) a mortgagee of the rights of a landowner, or (b) a person holding State Land in any manner and for any purpose, or (c) a person to whom a holding has been transferred, or an estate or holding has been allotted in farm under the West Pakistan Land Revenue Act, 1967, for the recovery of an arrears of land revenue or of a sum recoverable as such an arrears; (13) "Unirrigated land" means land other than irrigated land and includes land fed by rains, floods, hill torrents and uncultivable or waste-land. Chapter II RESTRICTION ON OWNERSHIP AND POSSESSION OF LAND 3. Limits on individuals holding.- No person shall, after the commencement of this Act, own or possess land, including his share in Shamilat, if any, in excess of one hundred acres of irrigated land or two hundred acres of unirrigated land, or irrigated and unirrigated land the aggregate of which exceed one hundred acres of irrigated land (one acre of irrigated land being reckoned as equivalent to two acres of unirrigated land) or an area equivalent to eight thousand produce index units of land,whidrever shall be greater: 4. 206 Provided that in determining the entitlement of a person any improvement made by him on his land after the commencement of this Act shall not be taken into account. Choice and exchange of land. Save as otherwise provided in this Act. (1) A person who owns or possesses and including his share in Shamilat, if any, in excess to his entitlement under this Act shall, cut of such land, select in compact blocks as large as possible the area which he is entitled to retain: Environmental Law in Pakistan I Federal 03 I Natural Resource (2) A person who is required to surrender land under this Act, before doing so may, if allowed by an officer of the district concerned who is authorized by a Commission in this behalf, exchange the whole or any part of such land with land owned or possessed within the same district by any member of his family for the purpose of consolidation on the basis of equality of produce index value of the land proposed to be exchanged: (3) No appeal shall lie in any Court before any authority whatsoever against an exchange of land allowed under sub-section (2). Explanation. For the purpose of sub-section (2) "Family" shall mean husband, wife or wives, sons and daughters. 5. Partitioning of joint holdings and undivided Shamilat.- Notwithstanding anything contained in any other law for the time being in force, a joint holding or an undivided Shamilat shall, for the purpose of this Act, be subject to partition to the extent of the share of a person who elects to surrender the whole or part of his share in such joint holding or such undivided Shamilat. 6. Certain transfer void. (1) The transfer of any land, and the creation of any right or interest in, or encumbrance on any land, made in any manner whatsoever in respect of any area, on or after the commencement of this Act by any person holding immediately before that date an area exceeding his entitlement under Section 3, shall be and shall be deemed always to have been void, and the land so transferred or encumbered shall be deemed to have been owned or possessed, as the case may be, by the person by whom it was owned or possessed immediately before that date. (2) Nothing in sub-section (1) shall apply to any transfer, of land or the creation of any right or interest in or encumbrance on any land left with a person after he has surrendered the land in excess to his entitlement under this Act. 7. Declarations. Chapter Ill OBTAINING OF DECLARATION VESTING OF LAND IN GOVERNMENT (1) Provincial Land Commission may by notification in the official Gazette, require that any person or class of persons mentioned therein, shall submit such declarations to such authority, in such manner and form and by such date, as may be specified in the notification. (2) In case a person, who is required to make declaration under this section, owns or possesses land in more than one Province, he shall make the declaration to the Commission for the Province where he permanently resides, and the said Commission may call for any information in respect of the declaration from any other province where the declarant owns or possesses land and pass orders thereon. (3) In case a person, who is required to make declaration under this section owns or possesses land in a Province but resides permanently in another Province or abroad, he shall make the declaration to the Commission for the Province in which he owns or possesses land. Environmental Law in Pakistan I Federal 207 03 I Natural Resource (4) In case of a minor or a person of unsound mind, the declaration required under this section, shall be made, on his behalf, by his guardian. (5) Whereas person fails to make a declaration under this section, an officer of the district concerned, who is authorized by a Commission in this behalf, shall, of his own motion or otherwise, and after calling for such information and recording such evidence as he may deem necessary, determine the land owned or possessed by such person in excess to this entitlement under this Act and make an order to this effect: Provided that the order made under this sub-section shall be subject to confirmation by the Commission concerned within three months of making such order. 8. Certain restrictions of cutting of trees and dismantling or removal of permanent installations or structures.- A person, who owns or possesses land in excess to his entitlement under this Act, or any one on his behalf shall not, with effect from the commencement of this Act, cut or remove any tree or dismantle, demolish, damage or remove any permanent installation or structure, including buildings and tubewells on land, owned or possessed by him until the land in excess to his entitlement has been surrendered by him under this Act. 9. Vesting in Government of excess land. (1) Land in excess of the area permissible for retention by a person under section 3, shall be surrendered by him within four months of the commencement of this Act, to the Land Commission of the Province where such land is situate, and it shall vest in Government free of any encumbrance of charge: Provided that rights and obligations of any person in respect of the standing crops on land surrendered under this section shall remain unaffected until 30th day of June, 1977. (2) Land determined, under sub-section (5) of section 7, to be in excess to the entitlement of a person shall vest forthwith in the Government free of any encumbrance or charge and the defaulter shall be deemed to have forfeited the right and option under section 4. (3) Any land under litigation which is in excess to the entitlement of a person under this Act, shall vest in the Government subject to the final adjudication of the rights of the litigants. (4) Any land surrendered by a person which was in his possession as a lessee or mortgagee shall not vest in Government but shall, subject to the provision of section 3, revert to lessor or mortgagor, as the case may be. 10. Permanent installations and structures.- Permanent installations and structures, including buildings and tubewells on land surrendered under section 9, shall not be removed, damaged, dismantled, or demolished, and shall vest in Government alongwith such land, free of any encumbrance or charge. 11. 208 Chapter IV COMPENSATION Compensation of land.- The Federal Government shall in respect of land surrendered under section 9, pay compensation to the person concerned at the rate of rupees thirty per produce index unit. Environmental Law in Pakistan I Federal 03 I Natural Resource 12. Compensation for permanent installations, structures and buildings. Compensation for permanent installations and structures, including buildings and tubewells on land surrendered under this Act shall be determined and paid by the Federal Government on the basis of actual cost incurred subject to such scale of depreciation as may be prescribed. 13. Payment of compensation. (1) Payment of compensation under sections 11 and 12 shall be made through heritable bonds which shall be transferable and negotiable through or with banks and which shall be redeemable, at the discretion of the Federal Government, by 30th day of June, 1987 and shall carry interest per annum with effect from the first day of July, 1977, at the rate of one per cent above the bank rate as notified by the State Bank of Pakistan, from time to time. (2) Where the total amount of compensations payable to a person under this chapter, does not exceed rupees five thousand, the Federal Government may pay the compensation in cash. (3) Payment of compensation under the section shall be made to the person concerned after deducting such public dues, owed by him, whose payment had fallen due on the commencement of this Act and which remained unpaid upto the date of payment of compensation. 14. Transfer of encumbrance of charge. Any encumbrance or charge existing on land surrendered by a person or on permanent installations and structures including tubewells on such land, shall be deemed to be an encumbrance or charge on land retained by him under this Act: Provided that if the encumbrance or charge exceeds the value of the land left with a person, it shall to the extent of such excess, he deemed to be an encumbrance or charge on the bonds payable to him as compensation. ChapterV UTILIZATION OF SURRENDERED LAND 15. Disposal of surrendered land. (1) Land vested in Government under this Act, shall, subject to the provisions of this section, be granted free of charge to the tenants who are shown in the Revenue records to be in cultivating possession of it during Kharif 1976 and Rabi 1975-76: Provided that no land shall be granted to a tenant who but for the coming into force of this Act, would have been entitled to inherit land from a person who is required to surrender land under Section 9. (2) Where any tenant who is entitled to grant of land under sub-section (1) already owns land, he shall be granted only so much land which together with the land already owned by him, does not exceed twelve acres. (3) Land which is not granted under sub-sections (1) and (2) shall be granted to other landless tenants or persons owning less than twelve acres. 16. Conditions for grant of land.0 (1) Grant of land under Section 15 shall be made in the following conditions Environmental Law in Pakistan I Federal 209 03 I Natural Resource (a) a grantee or his heirs shall not alienate by sale, gift mortgage or otherwise the land or any portion thereof during a period of twenty years from the date of the grant: Provided that for the purposes of obtaining a loan for the development of the land the grantee or his heirs may mortgage it in favour of Government, a Government sponsored institution or a cooperative society; (b) a grantee of his heirs shall maintain the land in proper state of cultivation and the whole of the land shall be used for the sole purpose of agriculture; (c) a grantee or his heirs shall not sublet the land. (2) The Provincial Land Commission concerned may cancel a grant for violation of any of the terms and conditions of the grant after giving an opportunity or being heard to the grantee of his heirs, as the case may be. 17. Utilization of land. Notwithstanding anything, contained in section 15, a Provincial Government may, subject to the approval of the Federal Government, utilize or dispose of land surrendered under section 9 for such public purpose and in such manner as the Provincial Government may deem fit, if it is (a) an orchard, or (b) State land granted on installments where any installment in respect of such land remains unpaid, or (c) land surrendered by any religious, charitable or educational society or institution, or (d) land surrendered by any trust or waqf, whether public or private, or; "Provided that if, in the public interest, the Provincial Government decides to lease out any such land, the person by whom it was surrendered shall have the right of first option to the grant of lease of the land or of such portion thereof as the Provincial Government may deem fit"; (e) land under shikargahs and stud or livestock farms, or (f) untenanted land. 18. Functions of Federal Land Commission.- Federal Land Commission shall; 19. 210 (1) coordinate the functioning of Provincial Land Commissions; (2) assist the Federal Government in deciding any dispute or difference between two or more Provincial Land Commissions; (3) assist the Federal Government in the exercise of its powers under Section 27; (4) issue such directions to any or all Provincial Land Commissions as may be necessary for the purposes of this Act; and (5) perform such other functions as may; from time to time, be assigned to it by the Federal Government. Powers and functions of Provincial Land Commission.- Subject to the Provisions of this Act, a Provincial Land Commission shall exercise all powers and perform all functions necessary for the implementation of this Act in the Province concerned. Environmental Law in Pakistan I Federal 03 I Natural Resource 20. Power to set up organizations, etc.- A Commission may set up such organizations and appoint such authorities, officers and staff and confer such powers upon and assign such duties, to them as it may deem necessary for the purposes of this Act. 21. Power to make rules.- A Commission may take rules for carrying out the purposes of this Act, including rules on matters relating to or connected with the presentation, hearing and determination of appeals from and applications for revision and review of orders made under this Act: Provided that the rules made under this section, in case of Federal Land Commission, shall be subject to approval of the Federal Government and in case of a Provincial Land Commission, to the approval of the Provincial Government concerned. 22. Delegation of powers. (1) The Federal Government may, at any time, delegate any of the powers of functions under this Act to such body or person as it may deem necessary for the purpose of the Act. (2) A Commission may, at any time, by notification in the official Gazette, delegate any of its powers to any of its members or officers or authorities, subject to such conditions, if any, as may be specified in the notification. 23. Reconstitution of Commission.- The Federal Government may, at any time, by notification in the official Gazette, reconstitute a Commission to comprise such persons as it deems fit, and the Commission so reconstituted shall be deemed to be a Commission under paragraph 4 or 4A, as the case may be, of the Land Reforms Regulation, 1972. 24. Power to review.- A Commission shall review a case or a class of cases decided by it before or after the commencement of this Act, if so directed by the Federal Government. 25. Abatement of pending proceedings.- All proceedings pending before the Federal Land Commission shall, on commencement of this Act, stand abated unless the Federal Government directs otherwise in a case or class or cases. 26. Removal of doubts.- If any dispute of doubt arises as to the extent or scope of any power or the manner in which it shall be exercisable by a Commission the matter shall be referred to the Federal Government whose decision thereon shall be final. 27. Powers of the Federal Government.- The Federal Government may, at any time, of its own motion or otherwise, take cognizance of a case not taken up by a Commission or withdraw a case pending before a Commission, call for a case decided by a Commission of any authority empowered by a Commission in this behalf, and pass such order as it may deem necessary and the order so passed shall be final: Provided that no order, under this section shall be passed, adversely affecting the rights of any person, unless such person has been given an opportunity of being heard. Chapter VII BAR OR JURISDICTION AND INDEMNITY 28. Bar of Jurisdiction. (1) No Court shall call in question or permit to be called in question any provision of the Act or of any rule or order made or anything done or any action taken thereunder. (2) No Court shall grant any injunction or make any order or entertain any proceedings, in relation to anything done or intended to be done under this Act. Environmental Law in Pakistan I Federal 211 03 I Natural Resource 29. Indemnity.- No suit, prosecution or other legal proceeding shall lie against the Federal Government, or a Provincial Government, or a Commission or any other person for anything in good faith done under this Act or any rule or order made thereunder. Chapter VIII MISCELLANEOUS 30. Act to override other laws, etc.-The provisions of this Act, and any rule or order made thereunder, shall have effect notwithstanding anything to the contrary contained in any law for the time being in force, or in any order or decree of a Court or Tribunal or other authority or in any rule or custom or usage or in any contract, instrument deed or other document. 31. Power to exempt.- The Federal Government, if satisfied, may, by notification in the official Gazette exempt from the operation of this Act any educational institution or a cooperative farming society: Provided that an exemption granted to a cooperative society shall act apply to land owned by a member of such society. 32. Removal of difficulties.- If any difficulty arises in giving effect to any provision of this Act, the Federal Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary for the purpose of removing the difficulty. Chapter IX PUNISHMET AND PROCEDURE 33. Offences and penalties 34. 212 (1) Whosoever (a) fails to surrender land as required under this Act, or (b) fails to make any declaration or furnishes incomplete or false information or fails to furnish any information as required under this Act, or (c) tampers with any record relevant for the purposes of this Act, or (d) obstructs any person in this Act, or (e) commits or attempts to commit an act or omission to defeat any of the purposes of this Act, or (f) contravenes or fails to comply with any other provisions of this Act, shall be punishable with rigorous imprisonment for a term which may extend to seven years, or with forfeiture of his immovable property, or with both. (2) A person convicted of any offence under sub-section (1) shall be disqualified from being a member of Parliament or a Provincial Assembly or any local elective body from being elected and chosen as such a member for a period of five years from the date of such conviction. (3) Any person convicted of any offence under sub-section (1) shall be disqualified from being a public servant or from being appointed as such or from holding any other office for which a person guilty of any offence involving moral turpitude is disqualified. Cognizance of offence.- No Court or Tribunal shall take cognizance of an offence under this Act except on a report in writing of the facts constituting such offence, made by Environmental Law in Pakistan I Federal 03 I Natural Resource a public servant under order or authority of the Federal Government or a Provincial Government. 35. Repeal.- The Land Reforms Ordinance, 1977 (II of 1977) is hereby repealed. Environmental Law in Pakistan I Federal 213