Land Reforms Act, 1977

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THE LAND REFORMS ACT, 1977  
 
 
 
CONTENTS 
 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement. 
2. Definitions. 
CHAPTER II 
RESTRICTION ON OWNERSHIP AND POSSESSION OF LAND 
3. Limits on individual holding. 
4. Choice and exchange of land. 
5. Partitioning of joint holdings and undivided Shamilat. 
6. Certain transfers void. 
CHAPTER III 
OBTAINING OF DECLARATIONS, VESTING OF LANDS IN GOVERNMENT 
7. Declarations. 
8. Certain restrictions on cutting of trees and dismantling or removal of permanent installations or structures. 
9. Vesting in Government of excess land. 
10. Permanent installations and structures.  
CHAPTER IV 
COMPENSATION 
11. Compensation for land. 
12. Compensation for permanent installations, structures and buildings. 
 

 
 
 
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13. Payment of compensation. 
14. Transfer of encumbrance or charge.  
CHAPTER V 
UTILIZATION OF SURRENDERED LAND 
15. Diposal of surrendered land. 
16. Conditions for grant of land. 
17. Utilization of land. 
 
CHAPTER VI 
LAND COMMISSIONS 
 
18. Functions of federal land commission. 
19. Powers and functions of a provincial land commission. 
20. Power to set up organizations, etc. 
21. Power of make rules. 
22. Delegation of powers. 
23. Reconstitution of a commission. 
24. Power to review. 
25. Abatement of pending proceedings. 
26. Removal of doubt. 
27. Powers the Federal Government. 
CHAPTER VII 
BAR OF JURISDICTION AND INDEMNITY 
28. Bar of jurisdiction. 
29. Indemnity. 
CHAPTER VIII  
MISCELLANEOUS 
 
30. Act to override other laws, etc. 
31. Power to exempt. 
32. Removal of difficulties. 
  
 
 
 
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CHAPTER IX 
PUNISHMENT AND PROCEDURE 
 
33. Offences and penalties. 
34. Cognizance of offence. 
35. Repeal. 
 
 
 
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THE LAND REFORMS ACT, 1977  
ACT No. II OF l977 
 [9th January, 1977] 
An Act to provide for further land reforms 
 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 (i) of Article 253 of the Constitution of the Islamic Republic of 
Pakistan provides that Parliament may by law prescribe 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 the 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 twenty­five trees or more 
per acre grown and maintained by human effort; 
 (6) “owner” includes a person deemed to be an owner under sub­section (4) of se ction 184 of 
the West Pakistan Land .Revenue Act, 1967 (W.P. Act XVII of 1967);   
 (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 o f 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; 
 
 
 
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 (8) “public dues ” include dues payable by a person to the Federal Government, or a 
Provincial Government or to a body directly or indirectly controlled by such Governments; 
 (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 partic ular 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 on land or 
was determined under the provisions of the repealed Land Reforms Regulation, 1959 an d 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 situate; 
 (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 successors­in­interest of such person; but does not include— 
(a) a mortgagee of the rights of a landowner, or 
l[(b)  a person holding any land under the Federal Government or a Provincial 
Government or under any such statutory authority corporation set up by any 
such Government as may be notified by it in this behalf, or; 
(c)  a person to whom a holding has been transferred, or an estate or holding has 
been let in farm under the West Pakistan Land Revenue Act, 1967, for the 
recovery of an arrear of land revenue or of a sum recoverable as such an arrear 
2[,or] 
2[(d)  a lessee cultivating the land, either himself or through another person; 
 (13) “unirrigated land” means land other than irrigated land and includes land fed by rains,  
floods, hill torrents, and uncultivable or wasteland. 
CHAPTER II 
RESTRICTION ON OWNERSHIP AND POSSESSION OF LAND 
 *3. Limits on individual holding. 3[Save as otherwise provided in this Act, 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 exceeds one hundred acres of irrigated land (one acre of 
irrigated land being reckoned as equivalent to two acres of unirrigated land) or a n area equivalent to 
eight thousand produce index units of land calculated on the basis of classification of soil as entered 
in the Revenue Records for Kharif 1976, whichever shall be greater: 
 
1Subs. by the Land Reforms (Amdt.) Order, 1979 (P.O. 16 of 1979), Art, 2. 
2 Subs. and added, ibid., 
3Subs. by the Land reforms (Amdt.) Ordinance, 1979 (37 of 1979), s. 2. 
*The whole of sections 3,4,5,6,7 (5),8,9,10 and 1 to 17 of the Land Reforms Act, 1977cease to have ef fect from 23­3­1990 as declared repugnant to the 
Injunctions of Islam by the Shariat Appellate Bench, See P.L.D. 1990,SC­99. 
 
 
 
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 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. 
 4. Choice and exchange of land. Save as otherwise provided in this  Act (1) a person who 
owns or possesses land including his Share in Shamilat, if any, in excess to his entitlement under this 
Act shall, out of such land, select in compact blocks as large as possible, the area which he is entitled 
to retain; 
 (2) a person who is required to surrender land under this Act, before doing so, may, it allowed 
by an officer of the district concerned who is authorized by a Commission in this behalf, e xchange 
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 or before any authority whatsoever against an exchange of 
land allowed or disallowed under sub­section (2). 
 Explanation.—For the purpose of sub­section (2) “family” shall mean father, mother, 
brothers, sisters, 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 und ivided Shamilat shall, 
for the purposes 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 transfers 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 sub­section (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. 
CHAPTER III 
OBTAINING OF DECLARATIONS, VESTING OF LAND IN GOVERNMENT 
 7. Declarations.—(1) A Provincial Land Commission may, by notification in the official  
Gazette, require that any person or class of persons mentioned therein, shall submit such declaration 
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 s aid 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 
 
 
 
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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. 
 (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) Where a 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 his entitlement under this Act and 
make an order to this effect. 
 8. Certain restrictions on 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 1* * * to the Land Commission of 
the Province where such land is situate, and it shall vest in Government free of any encumbrance or 
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 2[the standing crops are removed or the 
30th day of June next following, whichever is earlier]. 
 (2) Land determined, under sub­section (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. 
 1[(5) Any land surrendered by a person which was held by him as the landlord of an 
occupancy tenant or a Muqarraridar or is an Ala Malik shall not vest in Government but shall, 
subject to the other provisions of this Act, vest in the occupancy tenant, Muqarraridar or Adna 
Malik, as the case may be, free from any incumbrance or charge]. 
 
 
 
 
1Omitted by the Land Reforms (Amdt.) Order, 1979 (P.O. 16 of 1979), Art. 3 
2Subs. and added ibid. 
  
 
 
 
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 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. 
CHAPTER IV 
COMPENSATION 
 11. Compensation for land. The Federal Government shall in respect of land surrendered 
under section 9, pay compensation to the persons concerned at the rate of rupees thirty per produce 
index unit. 
 12. Compensation for permanent installations, structures and buildings. Compensation 
for perman ent installations and str uctures 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 Governm ent, by 30 th 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 compensation 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 this 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 up to the date of payment of compensation. 
 14. Transfer of encumbrance or 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, be deemed to be an encumbrance or charge on the bonds payable  
to him as compensation. 
CHAPTER V 
UTILIZATION OF SURRENDERED LAND 
 15. Deposal 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 1975­76: 
 1[Provided that where, at any time after the commencement of this Act, a person acquires any 
land by reason of  which the area of  the land  owned or possessed by him  exceeds the limit fixed by  
 
 
 
1Subs, by the Land Reforms (Amdt.) Order, 1979 (P.O. 16 of 1979), Art. 4.  
 
 
 
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section 3, the land surrendered by him shall be granted free of charge to such tenant as is shown in 
the revenue records to be in cultivating possession of the land in the Kharif and Rabi immediately 
preceding such acquisition : 
 Provided further 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 sub­section (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 sub­sections (1) and (2) shall be granted to other lan dless 
tenants or persons owning less than twelve acres. 
 16. Conditions for grant of land —(1) Grant of land under section 15 shall be made on the 
following conditions:— 
(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 purpose 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 or his heirs shall not sublet the land. 
 (2) The Provincial Land Commission concerned may cancel a grant for violat ion of any of 
the terms and conditions of the grant after giving an opportunity of being heard to the grantee or 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)  land surrendered by any religious, charitable or educational society or 
institution; or 
(c)  land surrendered by any trust or waqf, whether public or private; or 
(d)  land under Shikargahs and stud or livestock farms 1[: ] 
 1[Provided that if, in the public in terest, 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]. 
 
1Subs, and added by the Land Reforms (AmdL) Ordinance, 1979 (37 of 1979), s. 3. 
 
 
 
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CHAPTER VI 
LAND COMMISSIONS 
 18. Functions of Federal Land Commission. The Federal Land Commission shall— 
(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 C ommissions as may be 
necessary for the purposes of this Act; 
(5) perform such other functions as may, from time to time, be assigned to it by 
the Federal Government. 
 19. Powers and functions of a 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. 
 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 make 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 Fede ral 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, delegat e any of 
its powers or functions under this Act to such body or person as it may deem necessary for the 
purposes of this Act. 
 1[(2) A Commission may, at any time, by notification in the official Gazette, delegate any of 
its powers to an y of its members or  officers or authorities subject to such conditions, if any, as may 
be specified in the notification, and may also specify in the notification the circumstances in which, 
and the authority to which, an appeal, or application for review or revision, if any,  shall lie from an 
order of such member, officer or authority.]. 
 23. Reconstitution of a 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. 
 
1Subs, by the Land Reforms (Amdt.) Order, 1979 (P.O. 16 of 1979), Art. 5. 
 
 
 
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 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 of cases. 
 26. Removal of doubt. If any dispute or doubt arises as to the extent or scope of any power 
or the manner in which it shall be exercis able 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 no t taken up by a Commission or withdraw a 
case pending before a Commission or call for a case decided by a Commission or 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 OF JURISDICTION AND INDEMNITY 
 28. Bar of jurisdiction.—(1) No court shall call in question or permit to be called in question 
any provision of this 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. 
 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 there under. 
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 cont rary 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 of 
custom or usage or in any contract, instrument, deed or other document. 
 1[31. Power to exempt.—(1) The Government, if it is satisfied that it is in the public interest 
so to do, may, by an order notified in the official Gazette and subject to such terms and conditions as 
may be specified in the order, exempt from the operation of this Act any educational institution o r a 
Co­operative farming society registered under the Co­operative Farming Act, 1976  (LII of 1976), or 
a person who has been permitted by Government to establish a livestock farm:  
 
1Subs, by the Land Reforms (Amdt.) Ordinance, 1981 (47 of 1981), s. 2. 
 
 
 
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 provided that an exemption granted shall not apply— 
(i) in the case of a society, to the land owned or possessed by a member of such 
society; and 
(ii) in respect of a person who has been permitted to establish a livestock farm— 
(a)  to the land owned or po ssessed by such person or to a partner in a firm 
or shareholder in a joint stock company which does not form, or has 
not been recognized at the time of sanction as, an integral part of the 
livestock farm; and 
(b)  to land not used for the purposes of the livestock farm. 
 (2) When the Government or a person authorised by it in that behalf is of the opinion that an 
institution or a society or person exempted under sub­section (1) has committed a breach of any of 
the conditions subject to which the exemption w as granted, the Government or the authorised person 
may, after giving such institution or society or person an opportunity to show cause against the action 
proposed to be taken, rescind the order of exemption.]. 
 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 purposes of removing the difficulty. 
CHAPTER IX 
PUNISHMENT AND PROCEDURE 
 33. Offences abnd penalties.___ (l) Whoever___ 
(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 the discharge of his duties and functions under 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 provision 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 sub­section (1) shall be disqualified from being 
a member of Parliament or a Provincial Assembly or any local elective body and from being elected 
and chosen as such a member for a period of five years from the date of such conviction. 
 
 
 
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 (3) Any person convicted of any offence under sub­section (1) shall be disqualified fr om 
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. 
 34. Cognizance of offence. No court or tribunal shall take cognizance of an offe nce under 
this Act except on a report in writing of the facts constituting such offence, made by a public servant 
under order or authority of the Federal Government or a Provincial Government. 
 35. [Repeal]. Omitted by the Federal Law s (Revision and Declar ation) Or dinance, 1981 
(XXVII of 1981), s. 3 and Sch., II.