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1
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1959 MLR-64 (Repealed under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.
5
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
15
(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
18
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
22
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
23
24
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
25
26
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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