THE REDISTRIBUTIVE LAND REFORMS BILL 2010

 

A

 

BILL

 

to provide measures for an equitable distribution of agricultural land

 

          WHEREAS it is expedient to provide measures for the eradication of the hereditary skewed ownership of the agriculture land and its redistribution amongst the toiling tillers of the soil;

         

          WHEREAS land is a free bounty of nature and the State has been recognized its owner, both by the Muslim  and Hindu jurists;

 

          WHEREAS the inherent right of the occupant to cultivate the land and State’s right to collect rent, in the form of ushr or malguzari or lagan or dhal, from the occupant-cultivator, is embedded in history from times immemorial;

 

          WHEREAS replacement of the ancient customary law of temporary or life-time occupancy, by hereditary ownership  with the introduction of zamindari, ryotwari and jagirdari system by the British Colonial Government created a perpetuating socio-political disequilibrium in the society;    

 

            WHEREAS the colonization through the  Lloyd Barrage, Kotri Barrage and Guddu Barrage in Sindh and the Jinnah Barrage, Chasma Barrage and Taunsa Barrage in Punjab by grant of the most fertile and large tracts of land measuring 100 to 200 acres to influential  absentee zamindars, jagirdars, civil and military bureaucrats at a throwaway price  of Rs.100 to Rs.500 per acre, created a new class of overlords who earned  windfall profits through the sweat and labour of the poverty- ridden haris, and muzaareen [cultivators]; 

 

            WHEREAS the three land reforms introduced in 1959, 1972 and 1977 failed to reduce the size of large-estates  and did not benefit more than eight per cent of the haris and muzaareen;

 

             WHEREAS the Government failed to present a bill, pending with the Cabinet Division for the last nineteen years, so as to propose necessary amendments in MLR 115 and the Land Reforms Act 1977 in the light of the observations made by the Shariat Appellate Bench of the Hon’able Supreme Court in its judgment dated 14th December 1991;

 

             WHEREAS the political and bureaucratic interventions over the past sixty three years, establishing and supporting large estates, at the expense of the local peasantry, has amply demonstrated the lack of legitimacy in the prevailing system of landownership;

 

              WHEREAS there is no provision of absentee landlordism in Islam;

 

              WHEREAS sharing the produce by a tenant, in return for his labour, from the land owned by a landowner who does not physically participate in the cultivation, is “mutlaq haram,” in the words of Hazrat Imam Abu Hanifa, one of the greatest Islamic jurist;

 

             WHEREAS the skewed pattern of ownership is the major cause of abject poverty of the landless in the developing countries as pronounced by leading economists in the Report of the World Bank in its monologue on ‘Equity and Development 2006”;

 

             WHEREAS Islam enjoins equitable distribution of wealth and economic powers and abhors their concentration in a few hands;

 

              AND WHEREAS the usurpation of the national resources by a few feudal lords, causing annoyance and discontentment amongst the overwhelming majority of the poor cultivators resulted in the  intervention by the legislators of the National Assembly through its Resolution on 3rd September 2010 unanimously resolving that, “the present feudal system, if allowed to continue, will prove detrimental to the interest of the people of Pakistan and as such  all legal and constitutional steps be taken to rectify the situation”, it is thus  expedient to initiate socio-economic reforms as under:-               

1.       Short title, extent and commencement.--

 

 

 (1)    This Act may be called the Redistributive Land Reforms Act, 2010.

 

(2)     It extends to the Provinces of Baluchistan, Khyber Pakhtunkhwa, Punjab, Sindh and the Islamabad Capital territory, but shall not apply to the Federally Administered Areas.

 

(3)     It shall come into force at once.

 

2.                 Definitions.--- In this Act unless there is anything repugnant in the subject context---

 

(1)     “Commission” means the Land Commission constituted under Section 8;

 

(2)  “Cooperative Farming Society” means a society formed voluntarily by families owning land for intensive cultivation and maximizing output by optimal use of scarce resources.   

 

(3)     “Economic holding” means an area in one estate, mouza, deh or taluka or district or in any one or more than one province, not exceeding thirty six acres irrigated or fifty four acres unirrigated  land owned, and occupied by a family;

 

(4)     “Family” means husband, wife, minor children and unmarried daughter(s); 

 

(5)     “Government” means in relation to the Islamabad Capital Territory, the Federal Government, and in relation to a province, the Government of that Province;

 

(6)     “Irrigated” means land irrigated by a canal, tube-well, well, lift, spring, and includes kutcha land within the flood protection bunds;

 

(7)     “Land” means land which is occupied or has been or can be    

let for agricultural purposes or for purposes allied  or   subservient to agriculture and includes a fish farm, livestock farm, forest land, the sites of buildings and installations on such land but does nor include State land, and land occupied as the site of a village, town, factory or industrial establishment;

 

(8)     “Landlord” includes an occupant under whom a tenant or a lessee holds land, and to whom the tenant or lessee is, or but for a special contract, written or verbal, would be liable to pay rent for that land;

 

(9)     “Land Revenue” includes  malguzari, or khiraj, or lagan, or dhal, or ushr, for each crop payable to the Government by an owner or occupant in such manner and at such rates as may be prescribed;

 

(10)   “Person” includes educational institution, trust, whether public or private, a Hindu undivided family, a company or association or body of individuals, including a registered or an unregistered partnership, a proprietary concern and a cooperative or other society but does not include a local authority, a university established by law, and  a registered charitable trust or religious waqf;

 

(11)   “Prescribed” means prescribed by rules under this Act;

 

(12)  “Self cultivation” means cultivation by the owner himself or  by a member of his family but does not include cultivation by a labourer or worker who cultivates the land on daily, monthly or yearly wages;

 

           (13)   “small land owner” means a person having less area than 

                     the area of “economic holding”

 

(14)   “Tenant” includes a lessee who holds land under a verbal or written contract under an owner of land and liable to pay rent, occupancy charges or lease money in cash or kind;                   

 

(15)  “Worker” includes a labourer who cultivates land of a landlord on fixed wages.

     

3.       The Act to override other laws etc.---

 

          The provisions of this Act and any rules or orders made there under, shall have effect notwithstanding anything to the contrary contained in any other 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 for custom or usage or in any contract, instrument deed or other document.

 

 

4.       Resumption of land.---

 

(1)     Notwithstanding anything to the contrary contained in any law or usage any grant, settlement, sanad or other instrument or any decree or order of any Court or authority, all land within the territorial limits of one or more than one Province, owned or leased or occupied or tenanted or encumbered or mortgaged  with or without possession, by any person shall on and from the commencement of this Act, be resumed in the name of the Provincial Government;

 

Provided the land that falls within the limits of “economic holding” and the land held by the registered charitable trusts and waqf shall be exempt from resumption;

 

(2)             Each owner of the land shall make a declaration, to such Authority in the manner and form as notified by the Commission, of the total land owned or held by him and his family in all the four provinces on or before 3rd September 2010, within 30 days from this law taking effect;

 

(3)             Land resumed under sub-section(1) shall vest in Government free of any encumbrance or charge, whatsoever.

 

 

5.       Compensation.---

 

          On resumption of land under Section 4, the owners of the land shall be paid compensation at such rates per acre as may be determined by the Commission.

         

6.       Certain transfers to be void.---

 

The transfer of any land and the creation of any right or interest in, or encumbrances on any land, made in any manner whatsoever in respect of any area after the 3rd September 2010 resumed under Section-4 by any person immediately before that date, shall be deemed 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.

 

7.       Redistribution of Land.---

 

(1)     Each landless family of the cultivator or tenant or small land owner shall be granted land out of the land resumed under Section 4, subject to availability, in the following order of priority:

 

(a) landless family of the cultivator or worker

(c) landless tenant’s family

(d) small landowner’s family

 

(2)     Land shall not be granted to a family that exceeds the size and area of ‘economic holding,’

 

(3)    The grant to the families as at (1) (a), (b) and (c) shall be made by the Government, at such rates per acre and on such terms and conditions, as may be determined by the Provincial Land Commission.  

 

 

8.       Constitution and Powers of the Land Commission.---

 

(1)     For carrying out the purposes of this Act, there shall be constituted for each Province to be known as Land Commission of that Province, by the Government in the manner provided in sub section(2) and (3) below,

 

Provided that the Chairman of the Commission shall be appointed by the Government in consultation with the Chief Justice of the High Court of the concerned province.

 

         (2)      The Commission shall consist of three members:-

 

(a)  a retired Justice of the High Court or Supreme Court, who shall also be its Chairman,

 

                   (b) the Ombudsman of the Province and

 

(c) the Senior Member Board of Revenue of the Punjab or Sindh or Khyber Pukhtun khawa or Balochistan Board of Revenue Act, 1957;

 

(3)     The Commission for the Islamabad Capital Territory shall comprise the Chief Justice of the Islamabad High Court, the Ombudsman for the province of Punjab and the Senior Member, Board of Revenue, appointed under the Punjab Board of Revenue Act, 1957.

 

          provided that till such time, the Chief Justice of the Islamabad High Court is appointed, the Commission for Punjab shall act as the Commission for the Islamabad Capital Territory. 

 

(4) The Commission of a Province shall have all the powers necessary for the implementation of this Act within the province.

 

(5)     Where any dispute or difference arises between two or more Commissions with respect to any provision of, or any matter connected with this Act, it shall be referred to the Supreme Court whose decision shall be final.

 

9.       Cooperative and Corporate Farming.---

          

(1)     Families granted or have retained land may form Cooperative Farming Societies, of lands adjoining, without any intervention by the Government or bureaucracy, and without surrendering title over their land, to effectuate internal and external economies for optimal output.

 

Provided a cooperative farming society may be formed by not  more than three families, in a deh. mauza or estate.  

 

(2)     Corporate farming on State land on public-private ownership basis is not barred under this Act.

       

 

10.     Punishment and Procedure.--

 

(1)     Whosoever:-

 

(a)     fails to make a declaration or makes incomplete or false declaration under sub-section (2) of Section 4 of this Act, or

 

(b)  resists the  resumption of land as provided under          Section 4, or

 

(c)      contravenes or fails to comply with any provision of the Act, shall be punishable with either fine not exceeding 15% of the value of the land to be resumed or with a simple imprisonment which may extend to three years or both.

 

11.     Appeal.---  

 

An appeal against a final order of the Commission may be made by an aggrieved party to the High Court of the respective Province within thirty days from the date of such order.

 

 

 

12.     Bar of Jurisdiction.---

 

(1) No Court shall call into question or permit to be called into question any provision of the Act or of any rule or order made or anything done or any action taken there under.

 

(2)             No Court shall grant any injunction or make any order, or entertain any proceedings, in relation to anything done or          need to be done under this Act.

 

13.     Indemnity.--

 

No suit, prosecution or other legal proceeding shall lie against the Commission or any other person for anything done in good faith under this Act or any rule made there-under.

 

14.     Power to make rules.--

 

The Commission may prescribe rules for carrying out the purposes of this Act.

 

15.     Repeal and Savings.-- 

 

(1)     On the commencement of this Act:-

 

(a)     The Land Reforms Regulation 1972 [Martial Law Regulation 115] shall be repealed;

 

(b)     The Land Reforms Act 1977 (Act II of 1977) shall be repealed.

 

(2)     Any pending proceeding under the above Regulation or Act shall stand abated.

 

 

STATEMENT OF OBJECTS AND REASONS

 

          The Redistributive Land Reforms Act, 2010 provides for the  resumption of large estate-holdings on payment of compensation to the owners of the land and for the grant of such resumed land to the landless cultivators, tenants and those owners holding less than the size of economic holding. The object is to reduce the wide disparity of income and opportunity between the rich landlords and the poor tillers of the soils and to maximize the output of agricultural produce by intensive cultivation and optimal use of water, through cooperative farming without let or hindrance by government or bureaucracy. Corporate farming on State land on public-private partnership basis will not be barred so long as the State remains the absolute owner of the land. The Act also seeks to pave the way for the empowerment of sixty three percent people living in the rural areas and for the establishment of a welfare, egalitarian and prosperous state, as visualized by Quaid-e-Azam Mohammad Ali Jinnah, the founding father of Pakistan.