1
NATIONAL MANAGEMENT COLLEGENATIONAL MANAGEMENT COLLEGE
102102NDND
NMCNMC
In Service ExperienceIn Service Experience
(Land Reforms in Pakistan)(Land Reforms in Pakistan)
Asad Mahmood QaziAsad Mahmood Qazi
Ex.C – IB&NHEx.C – IB&NH
Last Assignment: Member (Judicial)Last Assignment: Member (Judicial)
Federal Land Commission, IslamabadFederal Land Commission, Islamabad 2
Sequence
Land Reforms (LRs) in Pakistan – Introduction
ď‚§Objectives of Land Reforms
ď‚§Evolution of Land Commissions
ď‚§Creation of Federal Land Commission (FLC)
ď‚§FLC - Organogram
ď‚§Functions of FLC
ď‚§Management and Governing System of LRs
ď‚§Allotment of Resumed Land to Tenants
ď‚§Land Reforms Pending Cases with LRs Authorities/HCs
ď‚§Amendment in LRs Act, 1977
ď‚§Issues / Recommendations
3
Land Reforms in Pakistan - Introduction
4
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(Repealed under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.
6
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.M 7
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
8
Organizational Chart of FLC
9
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
ď‚§ Coordinate the functioning of Provincial Land
Commissions
ď‚§ Assist the Federal Government in deciding any
dispute or difference between two or more
Provincial Land Commissions
ď‚§ Assist the Federal Government in the exercise of
its powers under the law to take cognizance of
land reforms cases and
ď‚§ (Additional Function) To Supervise
distribution of state and enemy lands owned by
the Provincial Governments
Functions of FLC
10
11
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
12
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
13
 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)
ď‚§ 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
14
Overview of Resumed Land
Province No of
Declarants
Area
Resumed
Area
Allotted
No. of
Allottees
Area
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
16
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
19
Extract of Supreme Court Judgments
Dated 10.8.89 and 14.12.1991
ď‚§ Religious Waqf/Trust land cannot be resumed
ď‚§ Inherited land cannot be resumed
ď‚§ Resumption cannot be made retrospectively
ď‚§ Compensation of resumed at market rates
ď‚§ Pipeline cases in which action taken prior to 23.3.1990
are protected
ď‚§ 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
ď‚§Exempt land acquired through inheritance
ď‚§Exempt lands of Religious Trust or Islamic Waqf
ď‚§Payment of compensation of resumed land at market
rates
ď‚§Utilize the resumed land for public purposes subject to
the approval of Federal Government
Proposed Land Reforms (Amendment) Bill
21
ď‚§ Summary before Federal Cabinet on 5.1.2005
ď‚§ Cabinet sent it to Law Minister
ď‚§ Consultation with stakeholders be undertaken
ď‚§ Minister then sent it to FLC for implementation
ď‚§ FLC held meetings with PLCs accordingly
ď‚§ FLC redrafted the proposed amendment
ď‚§ 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
ď‚§ Retrenchment of FLC Inspection Teams defeated
the field work – Enhancement of trained staff
ď‚§ Non-cooperative attitude of Provincial Land
Commissions – improved coordination needed
ď‚§ 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
ď‚§ Payable compensation amount of Rs.37,445,633/- to
landlords
ď‚§ Quick disposal of balance resumed land to the tenants /
landless
ď‚§ Quick disposal of pending LR cases with LRAs &
Higher Courts
ď‚§ Audit of Compensation of Rs. 94,073,266 paid to
landlords
Issues and Recommendations
25
26
ď‚§ Sheikh Muhammad Rashid (PPP)
ď‚§ Ghulam Ishaque Khan (former president)
ď‚§ Ghulam Mustafa Jatoi (former PM)
ď‚§ Rao Muhammad Hashim Khan (PPP)
ď‚§ Muhammad Issa Abbasi (PPP)
ď‚§ Ch. Asad-ur-Rehman (PML-N)
ď‚§ Pir Syed Abdul Qadir Shah Jeelani (PPP)
ď‚§ Mian Muhammad Zaman (PML-Q)
ď‚§ Imtiaz Ahmed Sahibzada (former bureaucrat)
ď‚§ Lt. Gen. (R) Inayat Ollah Khan Niazi (Ex-Army)
ď‚§ Pir Syed Fazal Ali Shah Jeelani (PPP)
Chairmen FLC – Since 1973
27

Land reforms in pakistan

  • 1.
  • 2.
    NATIONAL MANAGEMENT COLLEGENATIONALMANAGEMENT COLLEGE 102102NDND NMCNMC In Service ExperienceIn Service Experience (Land Reforms in Pakistan)(Land Reforms in Pakistan) Asad Mahmood QaziAsad Mahmood Qazi Ex.C – IB&NHEx.C – IB&NH Last Assignment: Member (Judicial)Last Assignment: Member (Judicial) Federal Land Commission, IslamabadFederal Land Commission, Islamabad 2
  • 3.
    Sequence Land Reforms (LRs)in Pakistan – Introduction Objectives of Land Reforms Evolution of Land Commissions Creation of Federal Land Commission (FLC) FLC - Organogram Functions of FLC Management and Governing System of LRs Allotment of Resumed Land to Tenants Land Reforms Pending Cases with LRs Authorities/HCs Amendment in LRs Act, 1977 Issues / Recommendations 3
  • 4.
    Land Reforms inPakistan - Introduction 4
  • 5.
    Land Reforms inPakistan - 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.
  • 6.
    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. 6
  • 7.
    Evolution of LandCommissions • 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.M 7
  • 8.
    Creation of FederalLand 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 8
  • 9.
    Organizational Chart ofFLC 9 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
  • 10.
    ď‚§ Coordinate thefunctioning of Provincial Land Commissions ď‚§ Assist the Federal Government in deciding any dispute or difference between two or more Provincial Land Commissions ď‚§ Assist the Federal Government in the exercise of its powers under the law to take cognizance of land reforms cases and ď‚§ (Additional Function) To Supervise distribution of state and enemy lands owned by the Provincial Governments Functions of FLC 10
  • 11.
    11 Management and GoverningSystem 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
  • 12.
    12 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
  • 13.
    Allotment of ResumedLand under Land Reforms to Tenants/Landless 13
  • 14.
     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 14
  • 15.
    Overview of ResumedLand Province No of Declarants Area Resumed Area Allotted No. of Allottees Area 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
  • 16.
    Pending Land ReformsCases with Provincial Land Reforms Authorities and Higher Courts 16
  • 17.
    Pending Land ReformsCases 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
  • 18.
    Pending Cases WithHigher 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
  • 19.
    Amendment in LandReforms ACT-II/1977 in The Light of The Judgment of Shariat Appellate Bench of Honorable Supreme Court of Pakistan 19
  • 20.
    Extract of SupremeCourt Judgments Dated 10.8.89 and 14.12.1991 ď‚§ Religious Waqf/Trust land cannot be resumed ď‚§ Inherited land cannot be resumed ď‚§ Resumption cannot be made retrospectively ď‚§ Compensation of resumed at market rates ď‚§ Pipeline cases in which action taken prior to 23.3.1990 are protected ď‚§ Article 253 of the Constitution is not repugnant Source: PLD 1990 SC 99 20
  • 21.
    Amendment proposed interms 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 21
  • 22.
    ď‚§ Summary beforeFederal Cabinet on 5.1.2005 ď‚§ Cabinet sent it to Law Minister ď‚§ Consultation with stakeholders be undertaken ď‚§ Minister then sent it to FLC for implementation ď‚§ FLC held meetings with PLCs accordingly ď‚§ FLC redrafted the proposed amendment ď‚§ Presently matter lies with Law Division Proposed Land Reforms (Amendment) Bill 22
  • 23.
     Position ofChairman 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.
    24  Retrenchment ofFLC 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
  • 25.
     Delay inthe 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.
  • 27.
     Sheikh MuhammadRashid (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 27

Editor's Notes

  • #8 FLC WAS CREATED BY INSERTION OF PARAGRAPH 4A IN THE LAND REFORMS STATUTE I.E. MARTIAL LAW REGULATION 115 OF 1972 BY SPECIAL AMENDMENT SO AS TO MITIGATE THE POLITICAL INFLUENCE IN IMPLEMENTATION OF LAND REFORMS IN THE COUNTRY THROUGH A FEDERAL AGENCY. FLC WAS FURTHER STRENGTHEN AFTER ENACTMENT OF LAND REFORMS ACT, 1977 TO BE KNOWN AS ACT-II. UNDER SECTION 23 OF THIS ACT FLC WAS RE-CONSTITUTED TIME AND AGAIN AND LASTLY IN 1990. SECTION 18 FULLY RELATES TO THE FUNCTIONS OF FLC.