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NATIONAL MANAGEMENT COLLEGENATIONAL MANAGEMENT COLLEGE

102102NDND NMC NMC

In Service ExperienceIn Service Experience(Land Reforms in Pakistan)(Land Reforms in Pakistan)

Asad Mahmood QaziAsad Mahmood QaziEx.C – IB&NHEx.C – IB&NH

Last Assignment: Member (Judicial)Last Assignment: Member (Judicial)Federal Land Commission, IslamabadFederal Land Commission, Islamabad

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SequenceLand Reforms (LRs) in Pakistan – IntroductionObjectives of Land ReformsEvolution of Land CommissionsCreation of Federal Land Commission (FLC)FLC - OrganogramFunctions of FLCManagement and Governing System of LRsAllotment of Resumed Land to TenantsLand Reforms Pending Cases with LRs Authorities/HCsAmendment in LRs Act, 1977Issues / Recommendations

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Land Reforms in Pakistan - Introduction

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Land Reforms in Pakistan - Introduction(Law, Ceiling, Compensation)

Year Law Ceiling On Individual Land Holding

Compensation

1959 MLR-64 (Repealed under

MLR-115)

500 acres of irrigated land or 1000 acres of un-irrigated land or 36000 Produce Index Units (PIUs).

Compensation was paid to the landowners @ Rs.5/- Per PIU.

1972 MLR-115(Protected under the

Constitution)

150 acres irrigated or 300 acres of un-irrigated land or 12000 Produce Index Units.

No compensation.

1977 Act-II of 1977 100 acres irrigated or 200 acres of un-irrigated land or 8000 Produce Index Units.

Compensation was paid to landowners @ Rs.30/- per PIU.

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Note: The PIUs per acre are being determined according to assessment circle & classification of soil of the land i.e. Nehri, Nul, Chahi, Barani etc.

Land Reforms - Objectives

o To break-up the imbalanced concentration of landed wealth in few hands

o To uplift the peasant class, protect their rights and reduce income disparities

o Increase agriculture production

o Reduce unemployment

o Ensure an effective and progressive relationship between owners and tenants.

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Evolution of Land Commissions

• Ayub Khan’s era - West Pakistan Land Commission

under MLR-64 – Governor of West Pakistan as its

ex-officio Chairman and not more than five

members

• Z.A Bhutto’s Regime: Provincial Land Commissions

under MLR-115 – Chief Minister as Chairman and

not more than three members to be appointed by the

respective C.M7

Creation of Federal Land Commission (FLC)

• FLC – created under Land Reforms (Amendment) Act, 1973 by inserting paragraph 4A in MLR-115/72

• Law provides for FLC one Chairman and not more than 3 Members

• A Federal Minister shall be its Chairman

• Members are appointed by Fed. Govt.

• FLC a judicial body with equal powers vide

notification dated 23.9.19788

Organizational Chart of FLC

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Admin. Officer

Chairman

Member-I

Sr. Member

Member-II

Secretary

Registrar Assistant Legal Advisor

Finance & Accounts Officer

Accountant

Provincial Inspection Teams

Inspection Officers/Readers

Chief Commissioner

Judicial

Body

Coordinate the functioning of Provincial Land Commissions

Assist the Federal Government in deciding any dispute or difference between two or more Provincial Land Commissions

Assist the Federal Government in the exercise of its powers under the law to take cognizance of land reforms cases and

(Additional Function) To Supervise distribution of state and enemy lands owned by the Provincial Governments

Functions of FLC

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Management and Governing System

Provincial Land Commissions:

Chairman Chief Minister

Chief Land Commissioner Senior Member

Board of Revenue

Land Commissioner Commissioner

Deputy Land Commissioner Addl. Distt.

Collector

Assistant Land Commissioner Assistant

Commissioner

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Federal Land Commission:

i) Chairman/Federal Minister

ii) Senior Member

iii) Member – II Govt. Servants

v) Member – III

Federal Land Commission is the Final Revisionary Authority under MLR-115/1972 and Land Reforms Act, 1977 having vast jurisdiction in LRs cases

Management and Governing System

Allotment of Resumed Land

under Land Reforms

to

Tenants/Landless

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Resumed land – Excess land of the prescribed limits

and surrendered to state by the affected landowners

under MLR-64, MLR-115 and Land Reforms Act,

1977 (Act-II/77)

Resumed land is granted free of cost to the tenants,

small landowners or landless according to the

provisions of above referred Land Reforms Laws.

Allotment of Resumed Land under LRs

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Overview of Resumed LandProvince No of

DeclarantsArea

ResumedArea

AllottedNo. of

AllotteesArea

Under Litigation

Un-allotable

Area

Balance available

for allotment

Punjab 2961 16,65,521 14,65,386 1,36,609 74,402 24,556 1,01,177

Sindh 1810 11,32,340 10,77,392 60,724 17,393 35,536 2019

Baluchistan 272 5,55,655 3,58,254 16,535 45,195 343 1,51,863

KPK 480 4,11,051 3,26,482 43,600 47,156 21,870 15,543

Total 5523 37,64,567 32,27,514 2,57,468 1,84,146 82,305 2,70,602

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(In acres)

Source: Federal Land Commission

Pending Land Reforms Cases with

Provincial Land Reforms Authorities

and

Higher Courts

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Pending Land Reforms Cases with Land Reforms Authorities

Authority Punjab Sindh KPK Balochistan Total

Federal Land Commission

47 03 15 00 65

Chief Land Commissioner

231 11 04 00 246

Land Commissioner

175 17 02 00 194

Deputy Land Commissioner

86 31 06 02 125

Total 539 62 27 02 630

(565)

Source: Federal/Provincial Land Commissions 17

Pending Cases With Higher Courts

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Sr. No. Authority No. of cases

1. Supreme Court of Pakistan 206

2. Lahore High Court 467

3. Sindh High Court 55

4. Peshawar High Court 110

5. Balochistan High Court 01

6. Islamabad High Court 15

Total 964

Source: Federal/Provincial Land Commissions

Amendment in Land Reforms

ACT-II/1977

in The Light of

The Judgment of Shariat Appellate Bench

of Honorable

Supreme Court of Pakistan

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Extract of Supreme Court JudgmentsDated 10.8.89 and 14.12.1991

Religious Waqf/Trust land cannot be resumed

Inherited land cannot be resumed

Resumption cannot be made retrospectively

Compensation of resumed at market rates Pipeline cases in which action taken prior to 23.3.1990

are protected

Article 253 of the Constitution is not repugnant

Source: PLD 1990 SC 99 20

Amendment proposed in terms of Article 203D(3)(a) of the Constitution:

Confirm limit on individual holdings – LRA, 1977

Exempt land acquired through inheritance

Exempt lands of Religious Trust or Islamic Waqf

Payment of compensation of resumed land at market rates

Utilize the resumed land for public purposes subject to the approval of Federal Government

Proposed Land Reforms (Amendment) Bill

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Summary before Federal Cabinet on 5.1.2005

Cabinet sent it to Law Minister

Consultation with stakeholders be undertaken

Minister then sent it to FLC for implementation

FLC held meetings with PLCs accordingly

FLC redrafted the proposed amendment

Presently matter lies with Law Division

Proposed Land Reforms (Amendment) Bill

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Position of Chairman FLC is political – law be

amended

Appointment of Members is not on regular basis –

be regularized

Shortage of revenue & IT trained staff – may be

provided

No Wide Area Networking (WAN) – quick access of

data – be arranged through IT Department

Issues and Recommendations

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Retrenchment of FLC Inspection Teams defeated the field work – Enhancement of trained staff

Non-cooperative attitude of Provincial Land Commissions – improved coordination needed

Repeated shuffling of FLC from one Ministry to the other – FLC may be declared a subject of Cabinet Division permanently

Issues and Recommendations

Delay in the proposed Amendment Bill – Qazalbash Waqf case – It may be finalized and presented before the Parliament

Payable compensation amount of Rs.37,445,633/- to landlords

Quick disposal of balance resumed land to the tenants / landless

Quick disposal of pending LR cases with LRAs & Higher Courts

Audit of Compensation of Rs. 94,073,266 paid to landlords

Issues and Recommendations

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Sheikh Muhammad Rashid (PPP)

Ghulam Ishaque Khan (former president)

Ghulam Mustafa Jatoi (former PM)

Rao Muhammad Hashim Khan (PPP)

Muhammad Issa Abbasi (PPP)

Ch. Asad-ur-Rehman (PML-N)

Pir Syed Abdul Qadir Shah Jeelani (PPP)

Mian Muhammad Zaman (PML-Q)

Imtiaz Ahmed Sahibzada (former bureaucrat)

Lt. Gen. (R) Inayat Ollah Khan Niazi (Ex-Army)

Pir Syed Fazal Ali Shah Jeelani (PPP)

Chairmen FLC – Since 1973

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