LAND REFORMS ACT, 1977
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THE LAND REFORMS ACT, 1977 (II of 1977)
TEXT 1THE LAND REFORMS ACT, 1977 (II of 1977) [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 (1) 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
Section 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.
Section 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 twenty- five trees or more per acre grown and maintained by human effort;
1This Act of Parliament received the assent of the President on the 9th January, 1977 and was published in the Gazette of Pakistan, Extraordinary, Part I, dated January 9, 1977. The Land Reforms Ordinance, 1977 (II of 1977) made by the President on 5th January, 1977 was repealed and replaced by this Act.
(6) "owner" includes a person deemed to be an owner under sub-section
(4) of section 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 of 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;
(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 Government;
(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 particular 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 and 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 successors-in- interest of such person; but does not include–
(a) a mortgagee of the rights of a land-owner, or 2[(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 3[, or]
21. Substituted by the Land Reforms (Amendment) Order, 1979 (President‟s Order No. 16 of 1979).
2. Article 6 of the Land Reforms (Amendment) Order, 1979 provides as under:
“6. Validation.- Anything done, action taken or order passed on or after the fifth day of January, 1977, in exercise of any power conferred by or under the Land Reforms Act, 1977 (II of 1977), as amended by this Order, shall be deemed to have been validity done, taken or passed, as if this Order were in force on the day on which such thing, action or order was done, taken or passed.”
3Substituted ibid for semi-colon.
4[(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 waste land.
CHAPTER II
RESTRICTION ON OWNERSHIP AND POSSESSION OF LAND
[5] Section 3. Limits on individual holding
6[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 an area equivalent to eight thousand produce index units of land calculated on the basis of classification of soil as entered in thy Revenue Records for Kharif, 1976, whichever shall be greater:
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.]
[7] Section 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, if allowed by an officer of the district concerned who is authorized by a Commission in this behalf, exchange 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 sub-section (2). Explanation.– For the purpose of sub-section (2) "family" shall mean father, mother, brothers, sisters, husband, wife or wives, sons and daughters.]
[8] Section 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
4Added ibid. 5By order of the Shariat Appellate Bench of the Supreme Court of Pakistan in Qazalbash Waqf case reported in PLD 1990 SC 99, the whole of sections 3, 4, 5, 6, 7(5), 8, 9, 10 and consequentially the whole of sections 11 to 17 of the Act were held repugnant to the Injunctions of Islam and they ceased to have effect prospectively w.e.f. 23rd March, 1990. The interpretation of the relevant provisions of Chapter 3A of the Constitution of the Islamic Republic of Pakistan, 1973 is contained in the judgment of the Supreme Court of Pakistan reported in PLD 1988 SC 287. The effect of self-executory provisions of the Land Reforms law is explained in the judgments of the Supreme Court of Pakistan reported in PLD 1989 SC 550 and PLD 1998 SC 132.
6Substituted for the word „No‟ by the Land Reforms (Amendment) Ordinance, 1979 (XXXVII of 1979).
7Footnote 5 explains the position. 8Footnote 5 explains the position.
undivided 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.]
[9] Section 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 sub-section (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
Section 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 said 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 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.
10[(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.]
[11] Section 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
9Footnote 5 explains the position. 10Footnote 5 explains the position. 11Footnote 5 explains the position.
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.]
[12] Section 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 13[****] 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 14[the standing crops are removed or the 30th day of June next following, whichever is earlier.]
(2) Land determined, under sub-section (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.
15[(5) Any land surrendered by a person which was held by him as the landlord of an occupancy tenant or a Muqarraridar or as 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 encumbrance or charge.]
[16] Section 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
[17] Section 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.]
12Footnote 5 explains the position. 13The words and comma “within four months of the commencement of this Act,” omitted by the Land Reforms (Amendment) Order, 1979 (President‟s Order No. 16 of 1979).
14Substituted ibid for the figures, letters, words and comma “30th day of June, 1977”.
15Added ibid. 16Footnote 5 explains the position. 17Footnote 5 explains the position.
[18] Section 12. Compensation for permanent installations, structures and buildings
Compensation for permanent installations and structures 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.]
[19] Section 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 Government, by 30th 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 upto the date of payment of compensation.]
[20] Section 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
[21] Section 15. Disposal 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 1975-76:
22[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 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:
18Footnote 5 explains the position. 19Footnote 5 explains the position. 20Footnote 5 explains the position. 21Footnote 5 explains the position.
22Substituted by the Land Reforms (Amendment) order, 1979 (P.O. No.16 of 1979).
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 sub-section (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 sub-sections (1) and (2) shall be granted to other landless tenants or persons owning less than twelve acres.]
[23] Section 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 violation 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.]
[24] Section 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 25[:]
26[Provided that if, in the public interest, 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.]
23Footnote 5 explains the position. 24Footnote 5 explains the position.
25Substituted for full-stop by the Land Reforms (Amendment) Ordinance, 1979 (XXXVII of 1979).
26Added ibid.
CHAPTER VI
LAND COMMISSIONS
Section 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 Commissions 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.
Section 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.
Section 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.
Section 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 Federal 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.
Section 22. Delegation of powers
(1) The Federal Government may, at any time, delegate 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.
27[(2) A Commission may, at any time by notification in the official Gazette, delegate any of its powers to any 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.]
Section 23. Reconstitution of a Commission
The Federal Government may, at any time, by notification in the official Gazette, reconstitute a Commission to comprise
27Substituted by the Land Reforms (Amendment) Order, 1979 (President‟s Order No. 16 of 1979).
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.
Section 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.
Section 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.
Section 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 exercisable by a Commission, the matter shall be referred to the Federal Government whose decision thereon shall be
final.
Section 27. Powers of the Federal Government
The Federal Government may, at any time, of its own motion or otherwise, take cognizance of a case not 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
Section 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.
Section 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 thereunder.
CHAPTER VIII
MISCELLANEOUS
Section 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 contrary 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.
[28] Section 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 or a cooperative farming society registered under the Co-operative Farming Act, 1976 (LII of 1976), or a person who has been permitted by Government to establish a livestock farm; 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 possessed 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 recognised 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 sub-section (1) has committed a breach of any of the conditions subject to which the exemption was 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.]
Section 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
Section 33. Offences and penalties
(1) 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 provisions of this Act,
28Substituted by the Land Reforms (Amendment) Ordinance, 1981 (XLVII of 1981).
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 sub-section (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.
(3) any person convicted of any offence under sub-section (1) shall be disqualified from 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.
Section 34. Cognizance of offence
No court or tribunal shall take cognizance of an offence 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.
[29] Section 35. Repeal
* * * * * * * * * * * ]
29Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
Print contents from the source
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 LAND 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 13. Payment of compensation 14. Transfer of encumbrance or charge CHAPTER V UTILIZATION OF SURRENDERED LAND 15. Disposal 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 originations, etc 21. Power to 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 of 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 CHAPTER IX PUNISHMENT AND PROCEDURE 33. Offences and penalties 34. Cognizance of offence 35. Omitted
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THE LAND REFORMS ACT, 1977
(II of 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 LAND 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
13. Payment of compensation
14. Transfer of encumbrance or charge
CHAPTER V
UTILIZATION OF SURRENDERED LAND
15. Disposal 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 originations, etc
21. Power to 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 of 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
CHAPTER IX
PUNISHMENT AND PROCEDURE
33. Offences and penalties
34. Cognizance of offence
35. Omitted
TEXT
1
THE LAND REFORMS ACT, 1977
(II of 1977)
[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 (1) of Article 253 of the Con stitution 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 relati on 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 f or
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 twenty -
five trees or more per acre grown and maintained by human effort;
1This Act of Parliament received the assent of the President on the 9 th January, 1977 and was published in the Gazette of
Pakistan, Extraordinary, Part I, dated January 9, 1977. The Land Reforms Ordinance, 1977 (II of 1977) made by the President
on 5th January, 1977 was repealed and replaced by this Act.
(6) "owner" includes a person deemed to be an owner under sub -section
(4) of section 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 of 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;
(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 Government;
(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 particular kind in a
particular assessment circle or area was computed and expresse d 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 and 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 s pecial contract would be, liable to pay rent for that land to
that other person and includes the predecessors and successors -in-
interest of such person; but does not include–
(a) a mortgagee of the rights of a land-owner, or
2
[(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
3
[, or]
21. Substituted by the Land Reforms (Amendment) Order, 1979 (President‟s Order No. 16 of 1979).
2. Article 6 of the Land Reforms (Amendment) Order, 1979 provides as under:
“6. Validation.- Anything done, action taken or order passed on or after the fifth day of January, 1977, in exercise of any
power conferred by or under the Land Reforms Act, 1977 (II of 1977), as amended by this Order, shall be deemed to have
been validity done, take n or passed, as if this Order were in force on the day on which such thing, action or order was
done, taken or passed.”
3Substituted ibid for semi-colon.
4
[(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 waste land.
CHAPTER II
RESTRICTION ON OWNERSHIP AND POSSESSION OF LAND
5[3. Limits on individual holding .–
6
[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 an area equivalent to
eight thousand produce index units of land calculated on the basis of classification of
soil as entered in thy Revenue Records for Kharif, 1976, whichever shall be greater:
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 tak en into
account.]
7
[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 co mpact 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, if allowed by an officer of the district concerned who is
authorized by a Commission in this be half, exchange 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 sub -section
(2).
Explanation.– For the purpose of sub-section (2) "family" shall mean father, mother,
brothers, sisters, husband, wife or wives, sons and daughters.]
8
[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
4Added ibid.
5By order of the Shariat Appellate Bench of the Supreme Court of Pakistan in Qazalbash Wa qf case reported in PLD 1990 SC
99, the whole of sections 3, 4, 5, 6, 7(5), 8, 9, 10 and consequentially the whole of sections 11 to 17 of the Act were held
repugnant to the Injunctions of Islam and they ceased to have effect prospectively w.e.f. 23rd March, 1990. The interpretation of
the relevant provisions of Chapter 3A of the Constitution of the Islamic Republic of Pakistan, 1973 is contained in the judgm ent
of the Supreme Court of Pakistan reported in PLD 1988 SC 287. The effect of self -executory provisions of the Land Reforms
law is explained in the judgments of the Supreme Court of Pakistan reported in PLD 1989 SC 550 and PLD 1998 SC 132.
6Substituted for the word „No‟ by the Land Reforms (Amendment) Ordinance, 1979 (XXXVII of 1979).
7Footnote 5 explains the position.
8Footnote 5 explains the position.
undivided 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.]
9
[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 sh all 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 sub -section (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 wh ere he permanently resides, and
the said 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 declar ation under this
section, owns or 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 o f unsound mind, the declaration
required under this section, shall be made on his behalf, by his guardian.
10
[(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.]
11
[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
9Footnote 5 explains the position.
10Footnote 5 explains the position.
11Footnote 5 explains the position.
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.]
12
[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
13
[****] to the Land Commission of the Province wh ere 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 14[the
standing crops are removed or the 30 th day of June next following, whichever is
earlier.]
(2) Land determined, under sub-section (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 adjudicati on
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.
15
[(5) Any land surrendered by a person which was held by him as the
landlord of an occupancy tenant or a Muqarraridar or as an Ala Malik shall not vest in
Government but shall, subject to the other provisions of this Act, vest in the
occupancy tenant, Muq arraridar or Adna Malik, as the case may be, free from any
encumbrance or charge.]
16
[10. Permanent installations and structures .– Permanent installations and
structures, including buildings and tubewells on land surrendered under section 9,
shall not be re moved, damaged, dismantled or demolished, and shall vest in
Government alongwith such land, free of any encumbrance or charge.]
CHAPTER IV
COMPENSATION
17
[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.]
12Footnote 5 explains the position.
13The words and comma “within four months of the commencement of this Act,” omitted by the Land Reforms (Amendment)
Order, 1979 (President‟s Order No. 16 of 1979).
14Substituted ibid for the figures, letters, words and comma “30th day of June, 1977”.
15Added ibid.
16Footnote 5 explains the position.
17Footnote 5 explains the position.
18
[12. Compensation for permanent installations, structures and buildings .–
Compensation for permanent installations and structures 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.]
19
[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 Government, 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 upto
the date of payment of compensation.]
20
[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 dee med to be an
encumbrance or charge on the bonds payable to him as compensation.]
CHAPTER V
UTILIZATION OF SURRENDERED LAND
21
[15. Disposal 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 1975-76:
22
[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 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 i n the Kharif and Rabi immediately preceding
such acquisition:
18Footnote 5 explains the position.
19Footnote 5 explains the position.
20Footnote 5 explains the position.
21Footnote 5 explains the position.
22Substituted by the Land Reforms (Amendment) order, 1979 (P.O. No.16 of 1979).
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 sub -section (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 no t granted under sub -sections (1) and (2) shall be
granted to other landless tenants or persons owning less than twelve acres.]
23
[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
violation 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.]
24
[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
25
[:]
26
[Provided that if, in the public interest, 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.]
23Footnote 5 explains the position.
24Footnote 5 explains the position.
25Substituted for full-stop by the Land Reforms (Amendment) Ordinance, 1979 (XXXVII of 1979).
26Added ibid.
CHAPTER VI
LAND COMMISSIONS
18. Functions of Fede ral 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 Commissions as
may be necessary for the purposes of this Act;
(5) perform such other functions as may, from time to time, be assigne d 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 A ct 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 fo r
revision and review of, orders made under this Act:
Provided that the rules made under this section, in case of Federal 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,
delegate 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.
27
[(2) A Commission may, at any time by notification in the official Gazette,
delegate any of its powers to any 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
27Substituted by the Land Reforms (Amendment) Order, 1979 (President‟s Order No. 16 of 1979).
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.
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 befor e 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 exercisable 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 oth erwise, take cognizance of a case not 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 an y 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
thereunder.
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 n otwithstanding anything to the contrary
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.
28
[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 or a cooperative farming society registered under
the Co -operative Farming Act, 1976 (LII of 1976), or a person who has been
permitted by Government to establish a livestock farm; 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 possessed 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 recognised 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 sub -section (1)
has committed a breach of any of the conditions subject to which the exemption was
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 and penalties.– (1) 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 provisions of this Act,
28Substituted by the Land Reforms (Amendment) Ordinance, 1981 (XLVII of 1981).
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 sub -section (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.
(3) any person convicted of any offence unde r sub -section (1) shall be
disqualified from 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
offence 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.
29
[35. Repeal.– * * * * * * * * * * * ]
29Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).This law in the library
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References to provisions in this text 13
Section 3
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hatsoever 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 sh all 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 immedia
Section 3
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s been surrendered by him under this Act.] 12 [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 13 [****] to the Land Commission of the Province wh ere such land is situate, and it shall vest in Government free of any encumbrance or charge: Provided that rights and obligations of any per
Section 7
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n unaffected until 14[the standing crops are removed or the 30 th day of June next following, whichever is earlier.] (2) Land determined, under sub-section (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 l
Section 4
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t 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 adjudicati on of the rights of the litigants. (4) Any land surrendered b
Section 3
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nts. (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. 15 [(5) Any land surrendered by a person which was held by him as the landlord of an occupancy tenant or a Muqarraridar or as an Ala Malik shall not vest in Government
Section 9
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ce or charge.] 16 [10. Permanent installations and structures .– Permanent installations and structures, including buildings and tubewells on land surrendered under section 9, shall not be re moved, damaged, dismantled or demolished, and shall vest in Government alongwith such land, free of any encumbrance or charge.] CHAPTER IV COMPENSATION 17 [11. Compensation for land .– The Federal Gove
Section 9
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, free of any encumbrance or charge.] CHAPTER IV COMPENSATION 17 [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.] 12Footnote 5 explains the position. 13The words and comma “within four mont
Section 3
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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 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 i n the Kharif and Rabi immediately preceding such acquisition:
Section 9
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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 sub -section (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
Section 15
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ns (1) and (2) shall be granted to other landless tenants or persons owning less than twelve acres.] 23 [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:
Section 15
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nt after giving an opportunity of being heard to the grantee or his heirs, as the case may be.] 24 [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, i
Section 9
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anding 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
Section 27
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nment 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 Commissions as may be necessary for the purposes of this Act; (5) perform such other functions as may, from time to time, be assigne d to it by the Federal Governme
Provisions explicitly cited in other instruments 1
Section 184 of West Pakistan Land-Revenue Act, 1967
Cited by LAND REFORMS ACT, 1977
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7) made by the President on 5th January, 1977 was repealed and replaced by this Act. (6) "owner" includes a person deemed to be an owner under sub -section (4) of section 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 of individuals, and a co
Target heading · West Pakistan Land-Revenue Act, 1967
184. Repeals and S avings. (1) The enactments mentioned in P art One of the Schedule are hereby repealed. (2) On the commencement of this Act in any area the enactments mentioned in Part Two of the Schedule shall, if and, in so far as applicable to that area, stand repealed; and in the event of specified provis
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- Comparison method
- Complete exact non-whitespace character stream after NFKC, quotation-mark equivalents and soft-hyphen removal. Word boundaries and PDF line-layout differences remain separately described.
Source, version and text details
- Recorded title
- LAND REFORMS ACT, 1977
- Source collection
- Punjab — this does not establish territorial applicability.
- Recorded version
- Not supplied in this record
- Source snapshot
- 2026-08-06T16:39:18Z
- Legal status
- not independently verified
- Text quality
- Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
- Recorded quality flags
- No additional flags recorded
- Stable record
- punjab-code-142d79a499697bca
- Content extent
- Legal completeness not independently established
- Integrity scope
- Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
- Passage offsets
- zero-based Unicode code points and UTF8 bytes; end exclusive
- Stored text SHA-256
- 6afd4b5950e41c8379ca0173e74257892f43c0401355d86be9063cb9841845dc