{ "schema_version": "qanun-law-text/1", "id": "punjab-code-7a904d6e6dea2b47", "title": "LAND REFORMS REGULATION, 1972", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UGVTYQYxVmU-", "version": null, "source_snapshot": "2026-08-06T16:39:25Z", "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.", "text_sha256": "fd7bf8fccb18b5b5a0bed22cd012c4578687faa666fe3e1935ba23ddaba83a09", "source_sha256": "fd7bf8fccb18b5b5a0bed22cd012c4578687faa666fe3e1935ba23ddaba83a09", "text_version_id": "law:punjab-code-7a904d6e6dea2b47:sha256:fd7bf8fccb18b5b5a0bed22cd012c4578687faa666fe3e1935ba23ddaba83a09", "quality_flags": [], "encoding": "UTF-8", "text": "THE LAND REFORMS REGULATION, 1972 \r\n(II5 of 1972) \r\nCONTENTS \r\nPART I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Regulation to override other laws etc \r\nPART II \r\nCONSTITUTION AND POWERS OF LAND COMMISSIONS \r\n4. Constitution of Land Commissions and their powers \r\n4-A. Constitution of Federal Land Commission etc \r\n5. Delegation of powers \r\n6. Power to make rules \r\nPART III \r\nRESTRICTIONS ON OWNERSHIP AND POSSESSION OF LAND \r\n7. Certain transfers void \r\n8. Limits on individual holdings \r\n9. Share in Shamilat \r\n10. Acquisition of land by Government servants \r\n11. Choice and exchange of areas \r\nPART IV \r\nOBTAINING OF DECLARATIONS AND VESTING \r\nOF EXCESS LAND IN GOVERNMENT \r\n12. Declarations \r\n13. Vesting in Government of excess land \r\n14. Resumption in case of exchange of land allotted in the border areas \r\n15. Stud and live-stock farms \r\n16. Shikargahs \r\n17. Religious, charitable and educational societies, institutions and trusts \r\nPART V \r\nUTILIZATION OF SURRENDERED AND RESUMED LAND \r\n18. Grant of land to tenants \r\n19. Utilization of land under orchards, studs or live-stock farms \r\n20. Utilization of land under resumed shikargahs \r\n21. Utilization of land resumed from religious, charitable and educational \r\nsocieties \r\nPART VI \r\nIMPARTIBILITY AND RESTRICTIONS ON \r\nALIENATION OF HOLDINGS \r\n22. Restrictions on partition of joint holdings \r\n23. Management of impartible joint holdings \r\n24. Restrictions on alienation of holdings \r\nPART VII \r\nTENANTS \r\n25. Rights of tenants \r\nPART VIII \r\nMISCELLANEOUS \r\n26. Bar of jurisdiction \r\n27. Indemnity \r\n28. Grantees of land under the repealed Regulation not to pay installments \r\nPART IX \r\nREVISION, PUNISHMENT AND PROCEDURE \r\n29. Revisional powers of the Federal Government \r\n30. Offences and penalties \r\n31. Cognizance of offences \r\n32. Repeal and saving\r\n \r\nTEXT \r\n1\r\nTHE LAND REFORMS REGULATION, 1972 \r\n(115 of 1972) \r\n[11th March, 1972] \r\nPART I \r\nPRELIMINARY \r\n WHEREAS Islam enjoins equitable distribution of wealth and economic \r\npowers and abhors their concentration in a few hands; \r\n AND WHEREAS it is in the supreme national interest to improve the \r\neconomic well-being of the peasantry, by making agriculture a profitable vocation; \r\n NOW, THEREFORE, the Chief Martial Law Administrator is pleased to make \r\nthe following Regulation:– \r\n1. Short title, extent and commencement. – (1) This Regulation may be called \r\nthe Land Reforms Regulation, 1972. \r\n (2) It extends to the Prov inces of Baluchistan, the North -West Frontier, \r\nPunjab, Sind and the Islamabad Capital Territory, but shall not apply to the Centrally \r\nAdministered Tribal Areas. \r\n (3) It shall come into force at once. \r\n \r\n2\r\n[(4) Notwithstanding anything contained in sub -paragraphs (2) and (3), the \r\nprovisions of this Regulation shall not be applicable, until the 31 st day of October, \r\n1972, within the District of Chitral in the North-West Frontier Province.] \r\n2. Definitions.– In this Regulation, unless there is anything repugnant in the \r\nsubject or context,– \r\n(1) “Commission” means a Land Commission constituted under paragraph \r\n4; \r\n (2) “economic holding” means,– \r\n (a) except for the purposes of paragraphs 22 and 24,– \r\n(i) in the Provinces of Sind and Baluchistan , an area, \r\nwhether or not w ithin one estate or mauza or deh, sixty-\r\nfour acres of land, \r\n(ii) elsewhere, an area, whether or not within one estate or \r\nmauza or deh, two squares or two rectangles or fifty \r\nacres, whichever is more; and \r\n \r\n1This Regulation was promulgated by the Chief Martial Law Administrator Pakistan on 11 th March, 1972, and was published in \r\nthe Gazette of Pakistan (Extraordinary) dated 11th March 1972, Pages 291-300. By Article 280 of the Interim Constitution of the \r\nIslamic Republic of Pakistan, 1972, this Regulation was saved and continued as existing law and having been specified in th e \r\nSeventh Schedule shall be deemed to have become an Act of the appropriate Legislature. \r\n2Add by Martial Law Regulation No. 126. \r\n(b) for the purposes of paragraphs 22 and 24, an are a specified in \r\nsub-clause (a) comprised within one estate or mauza or deh; \r\n(3) “Government” means in relation to the Islamabad Capital Territory, the \r\nCentral Government, and in relation to a Province, the Government of \r\nthat Province; \r\n(4) “land” means land which is not occupied as the site of a town, village, \r\nfactory or industrial establishment, and is occupied or has been or can \r\nbe let for agricultural purposes or for purposes allied or subservient to \r\nagriculture, and includes the sites of buildings and oth er structures on \r\nsuch land; \r\n(5) “orchard” means land under fruit trees planted to a density of twenty -\r\nfive trees or more per acre grown and maintained by human effort; \r\n(6) “owner” includes a person deemed to be an owner under sub -section \r\n(4) of section 184 of the West Pakistan Land Revenue Act, 1967 (W.P. \r\nAct XVII of 1967); \r\n3\r\n[(7) “person” includes a religious, educational or charitable institution, every \r\ntrust, whether public or private, a Hindu undivided family, a company or \r\nassociation or body of individu als, and a co –operative or other society, \r\nbut does not include a local authority, a university established by law, a \r\nbody incorporated by a Central or Provincial law, \r\n4\r\n[a co -operative \r\nfarming society registered under the Co -operative Farming Ordinance, \r\n1976 (XXII of 1976), or a live -stock farm or an educational institution \r\nexempted by the Government] from the operation of this Regulation;] \r\n(8) “prescribed” means prescribed by rules made under this Regulation; \r\n(9) “President” means the President of Pakistan; \r\n(10) “produce index unit” means the measure in terms of which the \r\ncomparative productivity of an area of land of a particular kind in a \r\nparticular assessment circle or area is computed and expressed for the \r\npurposes of the schemes relating to the resettle ment of displaced \r\npersons on land, or was determined under the provisions of sub -\r\nparagraph (10) of paragraph 2 of the repealed Regulation; and, in \r\nrespect of an assessment circle or area where no such unit was \r\ndetermined, such measure as may be determined by the Commission \r\nfor the Province within which such assessment circle or area is \r\nsituated; \r\n(11) “repealed Regulation” means the West Pakistan Land Reforms \r\nRegulation (Regulation 64 of 1959); \r\n5\r\n[* * *] \r\n \r\n3By Order of the Shariat Appellate Bench of the Supreme Court of Pakistan in Qazalbash Waqf case reported in PLD 1990 SC \r\n99, the provisions of clause (7) of paragraph 2 of the Regulation in so far as they include Islamic Waqf were held repugnant to \r\nthe Injunctions of Islam and they ceased to have effect prospectively w.e.f. 23rd March, 1990. \r\n4Substituted for the words “or an ed ucational institution exempted by Government” by the Land Reforms (Amendment) Act, \r\n1976 (Federal Act XLVIII of 1976); and published in the Gazette of Pakistan (Extraordinary), dated 19.7.1976, pages 415 -419, \r\ns.2. \r\n5The word “and” deleted by the Land Reforms Regulation (Punjab Amendment) Ordinance, 1982 (V of 1982); and published in \r\nthe Punjab Gazette (Extraordinary), dated 26.4.1982, s.2. \r\n(12) “subsistence holding” means an area of thirty -two acres of land in the \r\nProvince of Baluchistan, sixteen acres of land in the Province of Sind , \r\nand half a square or half a rectangle or twelve and half acres of land, \r\nwhichever is more, elsewhere: \r\n Provided that for the purposes of paragraphs 22 and 24, a “ subsistence \r\nholding” shall mean such holding comprising an area or areas within one estate or \r\nmauza or deh \r\n6\r\n[; and] \r\n7\r\n[(13) “tenant‟ means a person who holds land under another person, and is, \r\nor but for a special contact, would be, liable to pay rent for t hat land to \r\nthat other person and includes the predecessors and successors -in-\r\ninterest of such person, but does not include– \r\n(a) a mortgagee of the rights of a land-owner; or \r\n(b) a person holding any land under the Federal Government or a \r\nProvincial Government, or under any statutory authority or \r\ncorporation set up by any such Government as may be notified \r\nby it in this behalf; or \r\n(c) a person to whom a holding has been transferred, or an estate \r\nor holding has been let in farm, for the recovery of an arrear of \r\nland revenue or of a sum recoverable as such an arrear; or \r\n(d) a lessee, whether cultivating the land himself or through another \r\nperson.] \r\n3. Regulation to override other laws , etc.– The provisions of this Regulation, \r\nand any rule or order made thereunder, shall have e ffect notwithstanding anything to \r\nthe contrary in any other law, or in any order or decree of a Court or Tribunal or other \r\nauthority, or in any rule of custom or usage, or in any contract, instrument, deed or \r\nother document. \r\nPART II \r\nCONSTITUTION AND POWERS OF LAND COMMISSIONS \r\n4. Constitution of Land Commissions and their powers.– (1) For carrying out \r\nthe purposes of this Regulation, there shall be constituted for each Province a \r\nCommission to be known as the Land Commission of the Province concerned, \r\nconsisting of the \r\n8\r\n[Chief Minister] of that Province, who shall be its chairman, and not \r\nmore than three members, to be appointed by the \r\n9\r\n[Chief Minister.] \r\n (2) The Commission for the Province of the Punjab shall also be the \r\nCommission for the Islamabad Capital Territory. \r\n (3) A Commission of a Province shall have all the powers necessary for \r\nthe implementation of this Regulation within the Province. \r\n \r\n6Substituted ibid for the full-stop. \r\n7Added ibid. \r\n8Substituted for the word “Governor” by the Land Reforms (Amendment) Act, 1974 (Federal Act XXX of 1974); and published in \r\nthe Gazette of Pakistan (Extraordinary), dated 30.4.1974, pages171-175, s.3. \r\n9Substituted ibid. \r\n (4) A Commission may nominate one of its members to be the Chief Land \r\nCommissioner, who shall, subject to such d irections as may from time to time be \r\ngiven by the Commission, be responsible for the implementation of this Regulation. \r\n (5) Each Commission may set up organizations and appoint officers, \r\nauthorities and persons, and confer powers on, and assign duties to, them. \r\n (6) Where any dispute arises in carrying into effect the provisions of this \r\nRegulation, it shall be referred to the Commission for the Province within which such \r\ndispute arises, and the decision of the Commission thereon shall be final. \r\n (7) Where any dispute or difference arises between two or more \r\nCommissions with respect to any provision of, or any matter connected with, this \r\nRegulation, it shall be referred to the \r\n10\r\n[Federal Government] , whose decision \r\nthereon shall be final. \r\n (8) Where any matter is not provided for in this Regulation or any difficulty \r\narises in giving effect to the purposes of this Regulation, a Commission may, with the \r\napproval or on the direction of, the \r\n11\r\n[Federal Government], make such provisions in \r\nrespect thereof as it thi nks fit, or as may be directed by the \r\n12\r\n[Federal Government], \r\nand such order shall be deemed to form a part of this Regulation and have effect \r\naccordingly. \r\n13\r\n[4A. Constitution of Federal Land Commission, etc. – (1) For the purposes of \r\nthis Regulation, there shall be constituted a Commission to be known as the Federal \r\nLand Commission, consisting of a Federal Minister nominated by the Federal \r\nGovernment, who shall be its Chairman, and not more than three members to be \r\nappointed by the Federal Government. \r\n (2) The Federal Land Commission shall exercise and perform all such \r\npowers and functions as may be necessary for the implementation of this Regulation \r\nthroughout the area to which it extends and shall, in particular,– \r\n(i) assist the Federal Government in decidin g any dispute or difference \r\nreferred to in sub -paragraph (7) of paragraph 4 and in giving any \r\napproval or direction under sub-paragraph (8) of that paragraph; \r\n(ii) assist the Federal Government in the exercise of its revisional powers \r\nunder paragraph 29; \r\n(iii) co-ordinate the work of the different Commissions to ensure that a \r\nuniform policy is followed in all the Provinces in implementing the \r\nprovisions of this Regulation; and \r\n \r\n10Substituted for the word “President” by the Land Reforms (Amendment) Act, 1973 (Federal Act LXII of 1973); and published in \r\nthe Gazette of Pakistan (Extraordinary), dated 13.8.1973, pages589-592, s.2 (w.e.f. 11.3.1972). \r\n11Substituted Ibid. \r\n12Substituted ibid. \r\n13Added ibid., s.3.Section 11 of the Land Reforms (Amendment) Act, 1973 (Federal Act LXII of 1973) ; and p ublished in the \r\nGazette of Pakistan (Extraordinary), dated 13.8.1973, pages589-592, s.2 (w.e.f. 11.3.1972), provides as under: \r\n“11. Validation.- The Federal Land Commission in existence at the commencement of this Act shall be deemed to have been \r\nconstituted under the Land Reforms Regulation, 1972 and every thing done, action taken or order passed by the Federal Land \r\nCommission shall be deemed to have been validly done, taken or passed, as if this Act were in force on the day on which the \r\nFederal Land Commission was constituted or such thing, action or order was done, taken or passed.” \r\n(iv) lay down general guidelines to be observed by the Commissions in \r\ncarrying out their duties and functions under this Regulation and issue \r\nfrom time to time such instructions as may be considered necessary. \r\n (3) The Federal Land Commission may make rules to regulate its \r\nprocedure and appoint its own officers and servants and confer powers upon, and \r\nassign duties to, them. \r\n (4) The Federal Land Commission may direct that the powers exercisable \r\nby it under this paragraph may, subject to such conditions, if any, as may be \r\nspecified by it, be exercised also by any of its members or offic ers empowered by it \r\nin this behalf.] \r\n5. Delegation of powers. – A Commission may, by notification in the official \r\nGazette, direct that the powers exercisable by it under this Regulation may, subject \r\nto such conditions, including provisions as to appeal, rev ision or review, if any, as \r\nmay be specified in the notification, be exercised also by any of its members or \r\nofficers or authorities subordinate to it: \r\n Provided that a Commission shall not delegate its powers under sub –\r\nparagraph (2) of paragraph 7 to an o fficer below the rank of a Commissioner of a \r\nDivision. \r\n6. Power to make rules. – A Commission may make rules for carrying out the \r\npurposes of this Regulation, including rules on matters relating to or connected with \r\nthe presentation, hearing and determination of appeals from, and applications for the \r\nrevision and review of, orders made under this Regulation. \r\nPART III \r\nRESTRICTIONS ON OWNERSHIP AND POSSESSION OF LAND \r\n14\r\n7. Certain transfers void.– (1) Save as otherwise provided in this Regulation– \r\n(a) the transfer of any land, and the creation of any right or interest in or \r\nencumbrance on any land, made in any manner whatsoever in respect \r\nof any area, on or after the twentieth day of December , 1971, by any \r\nperson holding immediately before that date an area of mo re than one \r\nhundred and fifty acres of irrigated land or three hundred acres of \r\nunirrigated land or an area equivalent to fifteen thousand units \r\n(calculated on the basis of classification of soil as entered in the \r\nRevenue Records for Kharif 1969 and Rabi 1 969-1970), whichever \r\nshall be greater, shall be and shall be deemed always to have been \r\nvoid, and the land so transferred or encumbered shall be deemed to \r\nhave been owned or possessed, as the case may be, by the person by \r\nwhom it was owned or possessed immediately before that date: \r\n \r\n14By order of the Shariat Appellate Bench of the Supreme Court of Pakistan in Qazalbash Waqf case reported in PLD 1990 SC \r\n99, the whole of paragraphs 7, 8, 9, 10, 13 and 14 of the Regulation and consequentially paragraph 18 of the Regulation were \r\nheld repugnant to the Injunctions of Islam and they ceased to have effect prospectively w.e.f. 23 rd March, 1990. The \r\ninterpretation of the relevant provisions of Chapter 3A of the Constitution of the Islamic Republic of Pakistan, 1973 is contained \r\nin the judgment of the Supreme Court of Pakistan reported in PLD 1988 SC 287. The effect of self -executory provisions of the \r\nLand Reforms law is explained in the judgments of the Supreme Court of Pakistan reported in PLD 1989 SC 550 and PLD 1998 \r\nSC 132. \r\nProvided that in the case of a person to whom the provisions of sub -\r\nparagraph (2) of paragraph 8 apply, no such transfer or creation of any right or \r\ninterest or encumbrance shall be void unless he was holding on the said date an \r\narea more than \r\n15\r\n[fourteen thousand produce index units]; \r\n(b) save in cases where the Commission is satisfied that it was a bona fide \r\ntransaction, the transfer of any land and the creation of any right or \r\ninterest in or encumbrance on any land, made in any manner \r\nwhatsoever, by any person holding \r\n16\r\n[at any time during the period from \r\nthe first day of March, 1967, to the nineteenth day of December, 1971 \r\n(both days inclusive] an area equivalent to more than \r\n17\r\n[twelve \r\nthousand produce index units] (calculated on the basis of classification \r\nof soil as entered in the Revenue Records for Kharif 1966 and Rabi \r\n1966–67), shall be and shall be deemed always to have been void, \r\nand the land so transferred or the land on which the right, interest or \r\nencumbrance was so crea ted shall be, and shall be deemed always to \r\nhave been, owned or possessed, as the case may be, by the person by \r\nwhom it was owned or possessed immediately before that date: \r\n18\r\n[Provided that any transfer of land or creation of any right or interest in or \r\nencumbrance on any land by way of gift by a person to whom this clause applies \r\nshall, subject to the next succeeding proviso, in no case be held by the Commission \r\nto be a bona fide transaction: \r\n Provided further that nothing in this clause shall apply to– \r\n(i) any transfer of land or creation of any right or interest in or \r\nencumbrance on any land, by way of gift or otherwise, made by a \r\nperson in favour of his heirs; or \r\n(ii) any transfer of land or right or interest therein by way of gift, made by a \r\nperson in fa vour of his widowed or unmarried sister, who has not \r\nreceived her due share of inheritance of ancestral land; or \r\n(iii) any transaction whereby any land was alienated in exchange for an \r\narea of land equivalent to the same or substantially same produce \r\nindex units as the land alienated;] \r\nExplanation I.– For the purposes of this sub -paragraph and paragraph 10, an heir \r\nshall mean the owner‟s wife or wives, sons, daughters, father, mother and sons and \r\ndaughters of a deceased son or daughter. \r\n19\r\n[Explanation II.– * * * * * * * * * * ] \r\n \r\n15Substituted for the words “eighteen thousand produce index units” by the Land Reforms (Limits on Individual Holdings) Order, \r\n1972; and published in the Gazette of Pakistan (Extraordinary), dated 26.4.1972, s.3 \r\n16Substituted for the words, comma and figure “on first March, 1967” by Martial Law Regulation No. 121 \r\n17Substituted for the words “fifteen thousand produce index units” by the Land Reforms (Limits on Individual Holdings) Order, \r\n1972; and published in the Gazette of Pakistan (Extraordinary), dated 26.4.1972, s.3 \r\n18Substituted by the Land Reforms (Punjab Am endment) Act, 1973 (XI of 1973); and published in the Punjab Gazette \r\n(Extraordinary), dated 215.1973, pages 757-D to 757-I, s.2. \r\n19Deleted by the Land Reforms (Punjab Amendment) Act, 1973 (XI of 1973); and published in the Punjab Gazette \r\n(Extraordinary), dated 215.1973, pages 757-D to 757-I, s.2. \r\nExplanation III. – In determining whether a transaction referred to in clause (b) of \r\nparagraph (1) was bona fide or otherwise, the Commission shall, among other \r\nmatters, take into consideration the following factors:– \r\n(i) whether adequate consideration has been paid by or on behalf of the \r\nperson in whose favour the transfer has been made or any right, \r\ninterest or encumbrance has been created; \r\n(ii) under whose management the land has remained which is claimed to \r\nhave been transferred o r in respect of which any right, interest or \r\nencumbrance has been created; \r\n(iii) who has been paying the land revenue and other charges in respect of \r\nsuch land; \r\n(iv) who has been receiving the rent for or batai share from such land. \r\n (2) If any question ar ises whether any transfer or other transaction is or is \r\nnot void under sub -paragraph (1), the decision of the Commission thereon shall, \r\nsubject to the provisions of paragraph 29, be final. \r\n (3) Nothing in sub -paragraph (1) shall apply to any transfer of la nd or the \r\ncreation of any interest or right or encumbrance on any land made by a person who \r\nheld on twentieth December 1971, land in excess of the permissible limits under \r\nparagraph 8, after he has surrendered to Government, in accordance with the \r\nprovisions of this Regulation, the land in excess of such limits \r\n20\r\n8. Limits on individual holdings. – (1) Save as otherwise provided in this \r\nRegulation, no person shall, at any time, own or in any capacity possess land in \r\nexcess of one hundred and fifty acres of ir rigated land or three hundred acres of \r\nunirrigated land, or irrigated and unirrigated land the aggregate area of which \r\nexceeds one hundred and fifty acres of irrigated land (one acre of irrigated land \r\nbeing reckoned as equivalent to two acres of unirrigate d land), or an area equivalent \r\nto \r\n21\r\n[twelve thousand produce index units] of land, whichever shall be greater. \r\n (2) Notwithstanding the provisions of sub -paragraph (1), an owner may \r\nretain, out of the area of land he was holding immediately before the commencement \r\nof this Regulation, such additional area, if any, which would bring the total area \r\nretained by him to the equivalent of \r\n22\r\n[fourteen thousand produce index units], if on \r\nthe twentieth of December 1971,– \r\n(i) he owned an agricultural tractor, certified to be in good working order \r\nby an officer authorized by the Commission in this behalf; or \r\n(ii) there was installed on his land a tube -well, of not less than ten horse -\r\npower. \r\n \r\n23\r\n[(3) Any person, who at any time before the commencement of this \r\nRegulation but not earlier than the twenty -five day of December, 1971, became the \r\n \r\n20Footnote 14 explains the position. \r\n21Substituted for the words “fifteen thousand produce index units ” by the Land Reforms (Limits on I ndividual Holdings) Order, \r\n1972; and published in the Gazette of Pakistan (Extraordinary), dated 26.4.1972, s.3 \r\n22Substituted for the words “eighteen thousand produce index units” by the Land Reforms (Limits on Individual Holdings) Order, \r\n1972; and published in the Gazette of Pakistan (Extraordinary), dated 26.4.1972, s.3 \r\n23Added by the Land Reforms (Punjab Am endment) Act, 1973 (XI of 1973); and published in the Punjab Gazette \r\n(Extraordinary), dated 215.1973, pages 757-D to 757-I, s.3. \r\nowner of an agricultural tractor certified as provided in clause (i) of sub-paragraph (2) \r\nor had installed on his land a tubewell of not less than ten horse -power, or at any \r\ntime after the commencement of this Regulation becomes the owner of such a \r\ntractor or installs on his land such a tubewell, shall, notwithstanding, the provisions of \r\nsub-paragraph (1), be entitled, after becoming the owner of such tractor or having \r\ninstalled such a tube well, to acquire, possess or own such additional area as would \r\nbring the total area possessed or owned by him to the equivalent of fourteen \r\nthousand produce index units: \r\n Provided that a person who on the twentieth day of December, 1971 , was in \r\npossession of an area of land equivalent to more than twelve thousand produce \r\nindex units shall not be entitled to possess any additional area of land under this \r\nsub-paragraph until he has surrendered to Government land in excess of area \r\nequivalent to twelve thousand produce index units. \r\n24\r\n9. Share in Shamilat. – (1) A person owning or possessing a share in shamilat \r\nshall not be entitled to own or possess any such share if, after surrender of any land \r\nunder this Regulation, he owns or possesses outside that shamilat, th e maximum \r\npermissible area of land under paragraph 8. \r\n (2) In case the area owned or possessed by such person, outside the \r\nshamilat, after surrender of any land under this Regulation, is less than the maximum \r\narea of land that can be owned or possessed und er paragraph 8, he shall be entitled \r\nto so much share in the shamilat as, together with the other area owned or \r\npossessed by him, does not exceed such maximum area.] \r\n25\r\n10. Acquisition of land by Government servants.– (1) No person who is or has \r\nbeen in the \r\n26\r\n[civil service] of Pakistan and has at any time between the first January, \r\n1959, and two years of his ceasing to be in \r\n27\r\n[civil service], acquired any land or any \r\nright or interest therein, by any means whatever, either in his own name or in the \r\nname of an y of his heirs or any other person, shall own or possess any land \r\nexceeding one hundred acres: \r\n Provided that subject to the other provisions of this Regulation, any such \r\nperson may, in addition to one hundred acres of land, own or possess any land \r\nwhich has devolved on him by inheritance or any other land, not exceeding the area \r\nof the land so inherited, which has been acquired by him, in lieu of the land so \r\ninherited, whether by exchange or sale, either in his own name or in the name of any \r\nother person. \r\n28\r\n[Explanation.– For the purposes of this sub -paragraph and clause (d) of sub -\r\nparagraph (1) of paragraph 12, “civil service of Pakistan” means any civil service, \r\npost or office in connection with the affairs of the Federation or Province, and \r\nincludes a ser vice as a Judge of the Supreme Court or a High Court, Comptroller \r\nand Auditor-General, Chief Election Commissioner and Chairman or Member of the \r\n \r\n24Footnote 14 explains the position. \r\n25Footnote 14 explains the position. \r\n26Substituted for the word “Service” by the Land Reforms (Punjab Am endment) Act, 1973 (XI of 1973); and published in the \r\nPunjab Gazette (Extraordinary), dated 215.1973, pages 757-D to 757-I, s.4. \r\n27Substituted ibid. \r\n28Added ibid. \r\nFederal or a Provincial Public Service Commission, but does not include service as \r\nPresident, Governor, Minister, Minister of State, or as a Speaker, Deputy Speaker or \r\nother Member of the National or a Provincial Assembly.] \r\n (2) Where any person \r\n29\r\n[to whom the provisions of sub -paragraph (1) \r\napply] has, within the period specified therein, transferred in favour of any of his heirs \r\nor has acquired in the name of any of them any land, and such land continues to be \r\nowned or possessed by his heirs, he shall for the purposes of that sub -paragraph be \r\ndeemed to be the owner of such land. \r\n (3) Nothing in this paragraph shal l apply to a person who is serving or has \r\nretired as a member of \r\n30\r\n[the Military, Naval, or Air Forces] of Pakistan. \r\n11. Choice and exchange of areas.– (1) If a person owns or possesses an area \r\nof land exceeding the area permitted under this Part, he shall select out of his \r\nholding the area which he is entitled to retain, and, in doing so, shall, as far as \r\npossible, select compact blocks of not less than the size of an economic holding. \r\n (2) If a person owns or possesses an area of land exceeding the area \r\npermitted under this Part, he may be allowed to interchange the whole or any part of \r\nsuch area with an area owned or possessed by any member of his family, for the \r\npurposes of consolidation on the basis of equality of the produce index value of the \r\narea proposed to be interchanged. \r\n31\r\n[Explanation.– For the purpose of this sub -paragraph „family‟ shall mean husband, \r\nwife, parents, children, brothers and sisters.] \r\nPART IV \r\nOBTAINING OF DECLARATIONS AND VESTING OF EXCESS LAND IN \r\nGOVERNMENT \r\n12. Declarations.– (1) A Commission may, by order published in the official \r\nGazette, direct the following classes of persons to submit to such authority, in such \r\nmanner and form and by such date, as may be specified in the order, the following \r\ndeclarations:– \r\n(a) declarations by persons who on first March, 1967, owned or possessed \r\nland in excess of an area equivalent to \r\n32\r\n[twelve thousand produce \r\nindex units] calculated on the basis of classification of soil as entered in \r\nthe revenue records for Kharif 1966 and Rabi 1966-67; \r\n(b) declarations by persons who on twentieth December, 1971, owned or \r\npossessed an area in excess of \r\n33\r\n[twelve thousand produce index units] \r\ncalculated on the basis of classification of soil as entered in the \r\n \r\n29Substituted ibid for the words “as is referred to in sub-paragraph (1)”. \r\n30Substituted for the words “any of the Defence Services” by the Land Reforms (Punjab Am endment) Act, 1973 (XI of 1973); \r\nand published in the Punjab Gazette (Extraordinary), dated 215.1973, pages 757-D to 757-I, s.4. \r\n31Substituted by the Land Reforms (Amendment) Act, 1973 (Federal Act LXII of 1973); and published in the Gazette of Pakistan \r\n(Extraordinary), dated 13.8.1973, pages589-592, s.4. \r\n32Substituted for the words “fifteen thousand produce index units” by the Land Reforms (Limits on Individual Holdings) Order, \r\n1972 ; and published in the Gazette of Pakistan (Extraordinary), dated 26.4.1972, s.3 \r\n33Substituted ibid. \r\nrevenue records for Kharif 1969 and Rabi 1969 -70, or ir rigated land in \r\nexcess of one hundred and fifty acres, whichever shall be greater; \r\n34\r\n[(bb) declarations by persons who at any time during the period intervening \r\nbetween first March, 1967, and twentieth December, 1971, owned or \r\npossessed an area of land in e xcess of \r\n35\r\n[twelve thousand produce \r\nindex units] calculated on the basis of soil classification as entered in \r\nthe revenue records for Kharif 1966 and Rabi 1966 -67, but did not own \r\nor possess an area of land in excess of such limits on first March, \r\n1967, or twentieth December, 1971;] \r\n(c) declarations by persons who have been granted land under the West \r\nPakistan Border Area Regulation, 1959 (Regulation 9 of Zone B) and \r\nhave exchanged the whole or any part of such land with any other land; \r\n(d) declarations by p ersons in the \r\n36\r\n[civil service] of Pakistan and other \r\npersons to whom the provisions of paragraph 10 apply, who own or \r\npossess land in excess of the permissible limits laid down in the said \r\npara-graph; \r\n(e) declarations by persons who were allowed to retain or were granted \r\nlease of any stud or live-stock farms under the repealed Regulation; \r\n37\r\n[(ee) declarations by persons who, at any time after the commencement of \r\nthis Regulation, have come, or come, to own or possess land in excess \r\nof the area permissible for retention under Part III;] \r\n(f) such other declarations as may be required by the Commission. \r\n (2) Where a person who is required to make a declaration under this \r\nparagraph owns or possesses land in more than one Province, he shall make the \r\ndeclaration to the Commission for the Province where he permanently resides, and \r\nthe said Commission shall have the authority to call for any information concerning \r\nthe said declaration from any other Province where the declarant owns or possesses \r\nland, and to pass orders thereon. \r\n38\r\n13. Vesting in Government of excess land. – (1) Land in excess of the area \r\npermissible for retention under Part III shall vest absolutely in Government free from \r\nany encumbrance or charge and without payment of any compensation. \r\n (2) Any encumbrance or charge existing on land surrendered by a person, \r\nwhich vests in Government under sub -paragraph (1), shall be deemed to have been \r\ntransferred to the land retained by such person under Part III. \r\n \r\n39\r\n[(3) Where any person is in possession of, or is hold ing, land in excess of \r\nthe area permissible for retention under Part III, so much of such excess land as is in \r\n \r\n34Inserted by Martial Law Regulation No. 121. \r\n35Substituted for the words “fifteen thousand produce index units” by the Land Reforms (Limits on I ndividual Holdings) Order, \r\n1972; and published in the Gazette of Pakistan (Extraordinary), dated 26.4.1972, s.3 \r\n36Substituted for the word “Service” by the Land Reforms (Punjab Am endment) Act, 1973 (XI of 1973); and published in the \r\nPunjab Gazette (Extraordinary), dated 215.1973, pages 757-D to 757-I, s.5. \r\n37Inserted by the Land Reforms (Amendment) Act, 1974 (Federal Act XXX of 1974); and published in the Gazette of Pakistan \r\n(Extraordinary), dated 30.4.1974, pages171-175, s.3. \r\n38Footnote 14 explains the position. \r\nhis possession as a lessee or mortgagee or is held by him as the landlord of an \r\noccupancy tenant or a Muqarraridar or as an Ala Malik shall not v est in Government \r\nbut shall, subject to the other provisions of this Regulation, revert to the lessor, \r\nmortgagor, occupancy tenant, Muqarraridar or Adna Malik, as the case may be, and \r\nshall be deemed to have so reverted at the commencement of this Regulation.] \r\n40\r\n14. Resumption in case of exchange of land allotted in the border areas. – \r\nWhere any person to whom any land has been granted under the West Pakistan \r\nBorder Area Regulation, 1959 (Regulation 9 of Zone B), has exchanged the said \r\nland with any other land outside the “border area”, as defined in the said Regulation, \r\nthe land so obtained in exchange by such person shall vest absolutely in \r\nGovernment free from any encumbrance or charge, and witho ut payment of any \r\ncompensation. \r\n41\r\n15. Stud and live -stock farms .– (1) All areas under stud or live -stock farms, \r\nwhether state land or otherwise, allowed to be retained under the provisions of \r\nparagraph 9 of the repealed Regulation shall \r\n42\r\n[, whether or not the areas are held by \r\nthe persons who held them at the commence ment of that Regulation or by those to \r\nwhom leases were granted thereunder or any other law] be resumed and vest in \r\nGovernment free from any encumbrance or charge whatsoever: \r\n Provided that where any compensation in respect of any such farm has \r\nalready been calculated and sanctioned under the provisions of paragraph 17 of the \r\nrepealed Regulation, the said compensation shall be payable to the owners of the \r\nsaid farms. \r\n43\r\n16. Shikargahs.– All areas under shikargahs in the possession or under the \r\nmanagement of any person shall be resumed and vest in Government free from any \r\nencumbrance or charge whatsoever, and without payment of any compensation. \r\n44\r\n17. Religious, charitable and educational societies, institutions and trusts. – \r\nThe provisions of paragraph 8 shall apply to every religious, charitable or educational \r\nsociety or institution and to every trust or wakf, whether public or private: \r\n Provided that nothing in this Part shall apply to– \r\n(i) universities established by law; \r\n \r\n39Substituted by the land Reforms (Amendment) Act, 19 76 (Federal Act XLVIII of 1976); and published in the Gazette of \r\nPakistan (Extraordinary), dated 19.7.1976, pages 415 -419, s.3. Earlier added by the Land Reforms (Punjab Amendment) Act, \r\n1973 (XI of 1973); and published in the Punjab Gazette (Extraordinary), dated 215.1973, pages 757-D to 757-I, s.5. \r\n40Footnote 14 explains the position. \r\n41By Order of the Shariat Appellate Bench of the Supreme Court of Pakistan in Qazalbash Waqf case reported in PLD 1990 SC \r\n99, it was held that paragraphs 15, 16, 19 and 20 of the Regulation in so far as they ignore the rights and obligations, the terms \r\nand conditions of the grant license or lease, as the case may be, in resuming the stud and live -stock farms, shikargahs and \r\norchards and dealing further with them under paragraphs 19 and 20 thereof were repugnant to the Injunction of Islam. \r\n42Inserted by the Land Reforms (Amendment) Act, 1974 (Federal Act XXX of 1974) ; and published in the Gazette of Pakistan \r\n(Extraordinary), dated 30.4.1974, pages171-175, s.3. \r\n43Footnote 42 explains the position. \r\n44By order of the Shariat Appellate Bench of the Supreme Court of Pakistan in Qazalbash Waqf case reported in PLD 1990 SC \r\n99, it was held that paragraph 17 of the Regulation in so far as it relates to Wakf and all other institutions which can vali dly fall \r\nwithin the definition of Islamic Wakf and consequential to that extent paragraph 21 also were repugnant to the Injunctions of \r\nIslam. \r\n(ii) educational institutions , exempted by Go vernment from th e operation \r\nof this Regulation. \r\nPART V \r\nUTILIZATION OF SURRENDERED AND RESUMED LAND \r\n18. Grant of land to tenants. – (1) Land which vests in Government under the \r\nprovisions of paragraph 13 or paragraph 14 shall, subject to the other provisions of \r\nthis paragraph, be granted free of charge to the tenants who are shown in the \r\nRevenue R ecords to be in cultivating possession of it in \r\n45\r\n[Kharif 1971 and Rabi \r\n1971-72] \r\n46\r\n[or, in the case of land vesting in Government on the basis of a declaration \r\nmade pu rsuant to clause (ee) of sub -paragraph (1) of paragraph 12, to the tenant \r\nwho is shown in the Revenue Records to be in cultivating possession of it in the year \r\nimmediately preceding such declaration] \r\n47\r\n[:] \r\n \r\n48\r\n[Provided that no land shall be granted to tenant s who, but for the making of \r\nthis Regulation, would have been entitled to inherit land from any of the persons from \r\nwhom land has been resumed under this Regulation.] \r\n (2) Where a tenant who is entitled to the grant of land under sub -\r\nparagraph (1) already owns any land, he shall be granted only so much land under \r\nthe said sub-paragraph which together with the land already owned by him equals an \r\narea of a subsistence holding. \r\n (3) Where any land is not shown in the Revenue Records to be in \r\ncultivating possession of any tenant, during \r\n49\r\n[Kharif 1971 and Rabi 1971 -72], it shall \r\nbe granted to such tenant or other persons, owning less than a subsistence holding, \r\nand on such terms and conditions, as the Government may determine \r\n50\r\n[:] \r\n \r\n51\r\n[Provided that Government may utilize any such land for such public purpose \r\nas it may deem fit.] \r\n (4) Nothing in this paragraph shall apply to orchards \r\n52\r\n[or to any state land, \r\ngranted on instalments where any instalment in respect of such land remains \r\nunpaid.] \r\n53\r\n19. Utilization of land under orchards, studs or live-stock farms.– Land under \r\norchards, studs or live-stock farms which is resumed and vests in Government under \r\n \r\n45Substituted by the Land Reforms (Punjab Amendment) Act, 1973 (XI of 1973); and published in the Punjab Gazette \r\n(Extraordinary), dated 215.1973, pages 757-D to 757-I, s.7. \r\n46Added by the Land Reforms (Amendment) Act, 1974 (Federal Act XXX of 1974); and published in the Gazette of Pakistan \r\n(Extraordinary), dated 30.4.1974, pages171-175, s.4. \r\n47Substituted ibid., for the full-stop. \r\n48Added ibid. \r\n49Substituted by the Land Reforms (Punjab Am endment) Act, 1973 (XI of 1973); and published in the Punjab Gazette \r\n(Extraordinary), dated 215.1973, pages 757-D to 757-I, s.7. \r\n50Substituted for the full-stop, by the Land Reforms (Amendment) Act, 1974 (Federal Act XXX of 1974); and published in the \r\nGazette of Pakistan (Extraordinary), dated 30.4.1974, pages171-175, s.4. \r\n51Added ibid. \r\n52Inserted by the Land Reforms (Punjab Am endment) Act, 1973 (XI of 1973); and published in the Punjab Gazette \r\n(Extraordinary), dated 215.1973, pages 757-D to 757-I, s.7. \r\n53Footnote 42 explains the position. \r\nthe provisions of paragraph 15 may be utilized by Government in such manner as it \r\ndeems fit: \r\n Provided that if in t he public interest Government decides to lease out any \r\nsuch land, the person from whom it was resumed shall have the right of first option to \r\nthe grant of lease \r\n54\r\n[of the land resumed from him or of such portion thereof as the \r\nGovernment may determine:] \r\n \r\n55\r\n[Provided further that if, in the opinion of Government, the performance of \r\nsuch person before the resumption of such land was not satisfactory, the \r\nGovernment may not grant lease of such land or any portion thereof to such person \r\nand may lease it out to an y other person; and the decision of the Government in this \r\nbehalf shall be final.] \r\n56\r\n20. Utilization of land under resumed shikargahs. – Land under shikargahs \r\nresumed under paragraph 16 shall be utilized in such manner a s the Government \r\nmay determine. \r\n57\r\n21. Utilization of land resumed from religious, charitable and educational \r\nsocieties.– Land resumed under the provisions of paragraph 17 shall be utilized in \r\nsuch manner as may be prescribed: \r\n Provided that if in the public interest Government decides to lease out any \r\nsuch land, the person from whom it is resumed shall have the right of first option to \r\nthe grant of the lease \r\n58\r\n[of the land resumed from him or of such portion thereof as \r\nthe Government may determine.] \r\nPART VI \r\nIMPARTIBILITY AND RESTRICTIONS ON ALIENATION OF HOLDINGS \r\n59\r\n22. Restrictions on partition of joint holdings. – (1) \r\n60\r\n[A joint holding with an \r\narea equal to or less than that of a subsistence holding shall not be partitioned \r\nexcept where the joint-holders own, individually or jointly, other land in the same deh \r\nor village, and the partition has the effect of every such holder owning, whether \r\n \r\n54Added by the Land Reforms (Amendment) Act, 1973 (Federal Act LXII of 1973) ; and published in the Gazette of Pakistan \r\n(Extraordinary), dated 13.8.1973, pages589-592, s.5. Earlier the words and commas “of the whole of such part of, or area from, \r\nsuch land, as Government may deem fit:” were added in this proviso by the Land Reforms (Punjab Am endment) Act, 1973 (XI \r\nof 1973); and published in the Punjab Gazette (Extraordinary), dated 215.1973, pages 757-D to 757-I, s.8. \r\n55Added by the Land Reforms (Amendment) Order, 1984 (P.O.6 of 1984), Article 3 of which provides as under: \r\n“3. Bar of jurisdiction. – A decision of the Government under second proviso to paragraph 19 of the Land Reforms \r\nRegulation, 1972, as amended by this Order, shall not be called in question before any court, including the Supreme Court and \r\na High Court, on any ground whatsoever.” \r\n56Footnote 42 explains the position. \r\n57Footnote 45 explains the position. \r\n58Added by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973); and published in the Gazette of Pakistan \r\n(Extraordinary), dated 13.8.1973, pages589-592, s.6. Earlier the words and commas “of the whole or such part of, or area from, \r\nsuch land, as Government may deem fit.” were added in this proviso by the Lan d Reforms (Punjab Amendment) Act, 1973 (XI \r\nof 1973; and published in the Punjab Gazette (Extraordinary), dated 215.1973, pages 757-D to 757-I, s.9. \r\n59By Order of the Shariat Appellate Bench of the Supreme Court of Pakistan in Haji Muhammad Anwar‟s case repo rted in 1994 \r\nSCMR 899, the provision of paragraphs 22, 23 and 24 of the Regulation were held repugnant to the Injunction of Islam and \r\nthey ceased to have effect on 28th February, 1994. \r\n60Substituted by the Land Reforms (Punjab A mendment) Act 1973 (XI of 197 3); and published in the Punjab Gazette \r\n(Extraordinary), dated 215.1973, pages 757-D to 757-I, s.10. \r\nindividually or jointly, a holding with an area not less than that of a subsistence \r\nholding.] \r\n (2) A joint holding larger than a subsistence holding but smalle r than an \r\neconomic holding shall not be partitioned, if partition has the effect of dividing the \r\nholding into such parts that any one part added to the area already owned or \r\npossessed by the individual co –sharer to whom that part would go becomes less \r\nthan the area of a subsistence holding. \r\n \r\n61\r\n[(3) A joint holding with an area equal to that of an economic holding shall \r\nnot be partitioned, except where the joint -holders own other land in the same deh or \r\nvillage, and the partition has the effect of such holder owning, whether individually or \r\njointly, a holding with an area not less than that of an economic holding.] \r\n (4) A joint holding with an area greater than that of an economic holding \r\nshall not be partitioned in such a way as to leave no individual holding taken together \r\nwith the area which the owner may already possess equal to an economic holding, \r\nor to leave the individual holding of any one of the joint owners less than the area of \r\na subsistence holding. \r\n (5) Partition of land in contravention of the pr ovisions of this paragraph \r\nshall be void. \r\n \r\n62\r\n[(6) Nothing in this paragraph shall apply to– \r\n(a) holdings which are jointly owned by evacuees and non –evacuees and \r\nare required to be partitioned in accordance with the procedure \r\nprescribed under any Rehabilitation or Settlement Scheme; \r\n(b) holdings which are jointly owned by owners of land and occupancy \r\ntenants or Muqarraridars required to be partitioned in accordance with \r\nthe procedure prescribed by or under any law for the time being in \r\nforce; \r\n(c) small strip s of land bona fide required for the purpose of building \r\nthereon; \r\n(d) joint khatas when the entire area of a village or deh is redistributed \r\namongst various land owners as a result of consolidation of holdings; \r\nor \r\n(e) a joint holding required to be partiti oned for the purpose of separating \r\nthe land resumed by Government under any of the Land Reforms Laws \r\nfrom the land not so resumed.] \r\n63\r\n23. Management of impartible joint holdings. – (1) A joint holding the partition \r\nof which is not permissible under paragraph 22 shall continue to be managed as a \r\nsingle unit. \r\n \r\n61Substituted by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973); and published in the Punjab Gazette \r\n(Extraordinary), dated 215.1973, pages 757-D to 757-I, s.10. \r\n62Substituted by the Land Reforms Regulation (Punjab Amendm ent) Ordinance 1982 (V of 1982); and published in the Punjab \r\nGazette (Extraordinary), dated 26.4.1982, s. 3 (w.e.f. 15.3.1978). Earlier substituted by the Land Reforms (Amendment) Ac t \r\n1976 (Federal Act XLVIII of 1976); and published in the Gazette of Pakistan (Extraordinary), dated 19.7.1976, pages 415 -419, \r\ns.4, however, the same have ceased to be in forced by the Ordinance V of 1982. \r\n63Footnote 60 explains the position. \r\n (2) In the event of a dispute regarding the management of any such joint \r\nholding as aforesaid,– \r\n(a) the co -sharers may select one of themselves by drawing of lots or \r\notherwise, who will manage, on their b ehalf, the holding, and from \r\nwhom they will receive their shares of the income; or \r\n(b) if the co-sharers cannot so select, they may request the Collector of the \r\nDistrict in which such holding is situated to nominate one of the co -\r\nsharers to manage as aforesaid. \r\n (3) If in the opinion of the Commission, no arrangement for joint \r\nmanagement between the co -sharers is possible, the Commission may acquire the \r\nholding on payment of such compensation as may be determined in the prescribed \r\nmanner. \r\nExplanation.– If a co-sharer is for the time being a minor or lunatic, his guardian \r\nshall be treated as a co-sharer for the purpose of this paragraph. \r\n64\r\n24. Restrictions on alienation of holdings. – (1) No person owning more than \r\nthe area of an economic holding shall be allow ed to alienate by sale, mortgage, gift \r\nor otherwise any portion of his holding which may reduce the size of his holding to an \r\narea below the limit of an economic holding: \r\n Provided that such a person may alienate his entire holding. \r\n (2) No person owning a n economic holding should be allowed to alienate \r\nby sale, mortgage, gift or otherwise any portion of his holding: \r\n Provided that such a person may alienate his entire holding. \r\n (3) No person owning more than the area of a subsistence holding but less \r\nthan an economic holding shall be allowed to alienate by sale, mortgage, gift or \r\notherwise any portion of his holding which may reduce the size of his holding to an \r\narea less than the area of subsistence holding: \r\n Provided that such a person may alienate his entire holding. \r\n (4) No person owning an area equal to or less than a subsistence holding \r\nshall be allowed to alienate by sale, mortgage, gift or otherwise any part of his \r\nholding: \r\n \r\n65\r\n[Provided that he may alienate the entire holding or, in the case of a hold ing \r\nwhich is less than a subsistence holding, he may alienate any part of his holding by \r\nway of gift to any of his presumptive heirs or exchange with, or mortgage or \r\notherwise alienate to, other owners or landless tenants of the same village, Deh or \r\nMauza.] \r\n \r\n64Footnote 60 explains the position. \r\n65Substituted by the Land Reforms Regulation (Punjab Amendm ent) Ordinance 1982 (V of 1982); and published in the Punjab \r\nGazette (Extraordinary), dated 26.4.1982, s.4 (w.e.f. 15.3.1978). Earlier substituted by the Land Reforms (Amendmen t) Act \r\n1976 (Federal Act XLVIII of 1976); and published in the Gazette of Pakistan (Extraordinary), dated 19.7.1976, pages 415 -419, \r\ns.4, however, the same have ceased to be in forced by the Ordinance V of 1982. \r\n (5) Any alienation made in contravention of the provisions of this \r\nparagraph shall be void \r\n66\r\n[to the extent by which the economic holding or, as the \r\ncase may be, subsistence holding is reduced.] \r\n \r\n67\r\n[(6) Nothing in this paragraph shall apply to– \r\n(a) land, whether cultivable or otherwise, which is bona fide required for \r\nthe purpose of building thereon and any tenant in possession of such \r\nland who refuses to quit after notice, may be ev icted under the orders \r\nof the Deputy Commissioner; \r\n(b) mortgage of land, without possession, in favour of Government or an \r\ninstitution owned, managed or controlled by Government; \r\n(c) the holder of a pre -emption decree in respect of an area less than a \r\nsubsistence holding; \r\n(d) any land, or part of any land situated within the jurisdiction of a \r\nMunicipality, a Cantonment Board or an Improvement Trust and \r\nincluded in a House Building Scheme prepared or approved by such \r\nbody; or \r\n(d) the alienation of land in th e Districts of Attock, Rawalpindi and Jhelum \r\nin favour of a person certified by the Deputy Commissioner concerned \r\nto have been displaced from Hazara District or Mardan District in \r\nconsequence of the construction of Tarbela Dam.] \r\nPART VII \r\nTENANTS \r\n25. Rights of tenants.– \r\n68\r\n[(1) \r\n69\r\n[Subject to the other provisions of this Regulation], \r\na tenant shall not be ejected from his tenancy unless it is established in a revenue \r\ncourt that he has– \r\n(a) failed to pay the rent in accordance with the terms of his tenancy; or \r\n(b) used the land comprised in the tenancy in a manner which renders it \r\nunfit for the purposes for which he held it; or \r\n(c) failed to cultivate or arrange for the cultivation of the land comprised in \r\nthe tenancy in accordance with the terms thereof, or if th ere are no \r\nexpress terms in this behalf, in accordance with the customary manner \r\nof cultivation in the locality; or \r\n(d) sub-let his tenancy.] \r\n \r\n66Added by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982); and published in the Punjab \r\nGazette (Extraordinary), dated 26.4.1982, s.4 (w.e.f. 15.3.1978). Earlier substituted by the Land Reforms (Amendment) Act \r\n1976 (Federal Act XLVIII of 1976); and published in the Gazette of Pakistan (Extraordinary), dated 19.7.1976, pages 415-419, \r\ns.4, however, the same have ceased to be in forced by the Ordinance V of 1982. \r\n67Substituted ibid. \r\n68By Order of the Shariat Appellate Bench of the Supreme Court of Pakistan in Qazalbash Waqf case reported in PLD 1990 SC \r\n99, it was held that paragraph 25(1) of the Regulation in so far as it does not give sanctity to the grounds of ejectment available \r\nin a valid contract between the landlord and the tenant, entered into in accordance with the Injunctio n of Islam, was repugnant \r\nto the Injunction of Islam. \r\n69Substituted for the letter „A‟ by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982); and \r\npublished in the Punjab Gazette (Extraordinary), dated 26.4.1982, s.4 (w.e.f. 15.3.197 8). Earlier substituted by the Land \r\nReforms (Amendment) Act 1976 (Federal Act XLVIII of 1976); and published in the Gazette of Pakistan (Extraordinary), dated \r\n19.7.1976, pages 415-419, s.4, however, the same have ceased to be in forced by the Ordinance V of 1982. \r\n (2) The crop grown at any time during Rabi 1971 –72 on any land \r\ncomprised in a tenancy shall, on its maturing, be apportioned between the tenant \r\nand the land-lord in accordance with the law for the time being in force. \r\n (3) As from Kharif 1972– \r\n(a) land revenue and other taxes, cesses, surcharge and levies on land \r\nshall be payable by the owner; \r\n(b) the liability for p ayment of water -rate, and providing seed for any land \r\nshall be that of the owner or other person in possession thereof, other \r\nthan the tenant; \r\n(c) the cost of fertilizers and pesticides required for the land comprised in a \r\ntenancy shall be shared equally between the owner and the tenant; \r\n70\r\n[(d) subject to the other provisions of this Regulation, a tenant shall have \r\nthe first right of pre -emption in respect of the land comprised in his \r\ntenancy.] \r\n (4) No owner or person in possession of any land shall levy any cess on, \r\nor take any free labour from, any of his tenants. \r\n \r\n71\r\n[ \r\n72\r\n[(5) All suits for enforcing the right of pre -emption in respect of land \r\ncomprised in a tenancy shall be exclusively entertained, heard and decided by the \r\nCollector within whose jurisdiction the land in respect of which the right of pre -\r\nemption has been claimed is situated. \r\n (6) Any person aggrieved by an order passed by a Collector under the \r\npreceding sub-paragraph may, within thirty days of such order, prefer an appeal to \r\nCommissioner.] \r\n (7) The Board of Revenue may at any time , of its own motion or otherwise \r\ncall for the record of any case or proceedings under this paragraph which is pending \r\nor in which a Collector or Commissioner has passed an order, for the purpose of \r\nsatisfying itself as to the correctness, legality or propriety of such proceedings or \r\norder, and may pass such order in relation thereto as it thinks fit: \r\n Provided that no order shall be passed under this sub –paragraph revising or \r\nmodifying an order affecting any person unle ss such person has been afforded an \r\nopportunity of being heard: \r\n Provided further that the record of any case or proceedings in which a \r\nCollector or Commissioner has passed an order shall not be called for under this \r\nsub-paragraph on the application of any aggrieved person made after the expiration \r\nof thirty days from the date of such order. \r\n (8) For the purposes of this paragraph a Collector, a Commissioner and \r\nthe Board of Revenue shall be deemed to be a Civil Court and shall have all powers \r\n \r\n70By judgment / Order of the Shariat Appellate Bench of the Supreme Court of Pakistan in Said Kamal‟s case reported in PLD \r\n1986 SC 360, the provisions of paragraph 25(3)(d) of the Regulation were held repugnant to the Injunctions of Islam and they \r\nceased to have effect on 31.7.1986. \r\n71Added by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982 ); and published in the Punjab \r\nGazette (Extraordinary), dated 26.4.1982, s.4 (w.e.f. 15.3.1978). Earlier substituted by the Land Reforms ( Amendment) Act \r\n1976 (Federal Act XLVIII of 1976); and published in the Gazette of Pakistan (Extraordinary), dated 19.7.1976, pages 415 -419, \r\ns.4, however, the same have ceased to be in forced by the Ordinance V of 1982. \r\n72Footnote 70 explains the position. \r\nof a Civil Court under any law for the time being in force and the final order passed in \r\nsuch suits shall be deemed to be a decree of a Civil Court and shall be executed as \r\nsuch. \r\n (9) In computing the limitation provided for in sub -paragraph (6) or sub -\r\nparagraph (7), t he provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of \r\n1908) shall apply. \r\nExplanation.– In this paragraph, “Collector”, “Commissioner” and “Board of \r\nRevenue” have the meaning assigned to them in the Punjab Land Revenue Act, \r\n1967 (West Pakistan Act XVII of 1967).] \r\nPART VIII \r\nMISCELLANEOUS \r\n26. Bar of jurisdiction. – (1) No provision of this Regulation or of any rules or \r\norders made thereunder shall be called in question in any court, including the High \r\nCourt and the Supreme Court, or before any a uthority other than an authority \r\nappointed under this Regulation, and no such court or authority shall have \r\njurisdiction in respect of any matter which the Commission is empowered to \r\ndetermine. \r\n (2) No such court or authority as aforesaid shall be competen t to grant any \r\ninjunction or other order in relation to any proceeding before the Commission s or \r\nbefore any officer exercising any power or discharging any function under this \r\nRegulation or the rules or orders made thereunder, or in relation to anything do ne or \r\nintended to be done by or at the instance of the Commission or such officer. \r\n27. Indemnity.– No suit or other legal proceedings shall lie against Government \r\nor against any person in respect of anything which is in good faith done or intended \r\nto be done under this Regulation. \r\n28. Grantees of land under the repealed Regulation not to pay instalments. – \r\nA grantee of land under the repealed Regulation shall be discharged from all liability \r\nin respect of any instalments payable by him under paragraph 19 of the said \r\nRegulation. \r\n73\r\n[Explanation.– For the purposes of this paragraph, “grantee of land” means– \r\n(a) a tenant, or a resident of the Baluch area of Dera Ghazi Khan district \r\nreferred to in the Pakistan (Punjab Boundary) Order, 1950 (G.G.O. \r\nNo.2 of 1950), to whom land was granted under the Sale Scheme \r\nprescribed under the repealed Regulation; or \r\n(b) a tenant or small land owner of the village concerned to whom land \r\nwas granted under the Upgrading Scheme prescribed under the \r\nrepealed Regulation.] \r\n \r\n73Added by the Land Reforms (Punjab A mendment) Act 1973 (XI of 1973); and published in the Punjab Gazette \r\n(Extraordinary), dated 215.1973, pages 757-D to 757-I, s.11. \r\nPART IX \r\nREVISION, PUNISHMENT AND PROCEDURE \r\n74\r\n[29. Revisional powers of the Federal Government. – The Federal Government, \r\nor any person authorized by it in that behalf, may at any time, of its or his own motion \r\nor otherwise, call for the record of any case or proceedings under this Regulation \r\n75\r\n[or under the repealed Regulation] which is pending or in which a Commission or \r\nany other authority appointed under this Regulation \r\n76\r\n[or under the repealed \r\nRegulation], other than the Federal Land Commission constituted under paragr aph \r\n4-A,] has passed an order, for the purpose of satisfying itself or himself about the \r\ncorrectness, legality or propriety of such an order, and may pass such order in \r\nrelation thereto as the Federal Government or, as the case may be, such person \r\nthinks fit: \r\n Provided that the Federal Government may, from time to time, specify the \r\ncases or class of cases in which it desires to pass final orders: \r\n Provided further that no order shall be passed under this paragraph revising \r\nor modifying an order affecting any person unless such person has been afforded an \r\nopportunity of being heard: \r\n Provided further that the record of any case or proceedings in which a \r\nCommission or other authority has passed an order shall not be called for under this \r\nparagraph by the Federal Government or the person authorized by it– \r\n(a) of its or his own motion, after the \r\n77\r\n[30th day of November, 1976] or \r\n(b) on the application of any aggrieved person made after the expiration of \r\nsixty days from the date of such order or from the enactment of the \r\nLand Reforms (Amendment) Act, 1973, whichever is later, excluding \r\nthe time requisite for obtaining a copy of such order.] \r\n78\r\n[29A .Additional powers of the President. - (1) If it shall appear to the President \r\nnecessary or expedient in the public inter est so to do, he may make an Order, to be \r\nnotified in the official Gazette– \r\n \r\n741Substituted by the Land Reforms (Amendment) Act, 1973 (Federal Act LXII of 1973); and pub lished in the Gazette of \r\nPakistan (Extraordinary), dated 13.8.1973, pages589-592, s.7 (w.e.f. 11.3.1972). \r\n2Section 2 of the Land Reforms Regulation (Validation of Orders) Ordinance, 1978 (Federal Ordinance XXIX of 1978) ; and \r\npublished in the Gazette of Pakistan (Extraordinary), Part I, dated 25.6.1978, provides as under: \r\n“2. Validation.- Notwithstanding any order or decision of any Court, any order passed by the Chairman or by a Member of the \r\nFederal Land Commission at any time before the commencement of th is Ordinance and purporting to be in exercise of the \r\nauthority conferred on the Chairman and Members of the Commission by an order of the Federal Government under paragraph \r\n29 of the Land Reforms Regulation, 1972, shall be deemed to have been validly passe d and shall have, and shall be deemed \r\nalways to have had, effect accordingly.” \r\n75Inserted by the Land Reforms (Amendment) Act, 1975 (Federal Act XXXIX of 1975); and published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated 18.4.1975, s.2 \r\n76Inserted ibid. \r\n77Substituted for the words and figures “30th day of September, 1976” by the Land Reforms (Second Amendment) Act 1976 \r\n(Federal Act LXXIV of 1976) ; and published in the Gazette of Pakistan (Extraordinary), Part I, dated 8.12.1972, s.2 . Earlier \r\nsubstituted for the words and figures “31 st day of March 1975” by the Land Reforms (Amendment) Act, 1975 (Federal Act \r\nXXXIX of 1975); and published in the Gazette of Pakistan (Extraordinary), Part I, dated 18.4.1975, s.3. Earlier substituted for \r\nthe words and figures “14th day of August, 1974” by the Land Reforms (Amendment) Act, 1974 (Federal Act XXX of 1974); and \r\npublished in the Gazette of Pakistan (Extraordinary), dated 30.4.1974, pages171-175, s.3. \r\n78Added by Martial Law Regulation No. 128. \r\n(a) reducing the area of land permitted to be possessed or owned under \r\nparagraph 8, so however that– \r\n(i) such area shall in no case be equivalent to less than twelve \r\nthousand produce index units, or less than one hundred and fifty \r\nacres of irrigated land, or three hundred acres of unirrigated \r\nland, or irrigated and unirrigated land the aggregate area of \r\nwhich is less than one hundred and fifty acres of irrigated land \r\n(one acre of ir rigated land being equivalent to two acres of \r\nunirrigated land); \r\n(ii) such area in the case of a person to whom the provisions of \r\nclause (2) of paragraph 8 apply shall in no case be equivalent to \r\nless than fourteen thousand produce index units; \r\n(b) making such omissions from, addition to, modifications of or \r\namendments to this Regulation, as may be necessary in consequence \r\nof such Order. \r\n (2) When any Order is made by the President under clause (1), the \r\nProvincial Commissions shall prescribe the form in whi ch declarations may be filed \r\nby persons owning land in excess of the area permitted by the said Order, and shall \r\nspecify the period within which such declaration may be filed: \r\n Provided that no such declaration shall he required from a person who has \r\npreviously submitted a declaration under sub -clause (a) of clause (1) of paragraph \r\n12. \r\n (3) No Order shall be made under clause (1) of this Article after the thirty -\r\nfirst day of October, 1972.] \r\n30. Offences and penalties. – Whoever contravenes or fails to comply with any \r\nof the provisions of this Regulation or the rules or orders made thereunder, or fails to \r\nmake any declaration or furnish any information required by such provisions, or \r\nwillfully furnishes incomplete or false declaration or information, or tamper s with any \r\nrecord relevant to the purposes of such provisions, or obstructs any person in the \r\ndischarge of his duties or functions under such provisions shall be punished with \r\nrigorous imprisonment which may extend to seven years, and where a person has \r\nbeen convicted under this paragraph of willfully making or furnishing a false \r\ndeclaration, the court convicting him may order that all or any immovable property of \r\nsuch person be forfeited to Government. \r\n31. Cognizance of offences. – No court shall take cogni zance of an offence \r\nunder this Regulation except on a complaint in writing made by order of, or under \r\nauthority from, the Commission. \r\n32. Repeal and saving. – (1) The West Pakistan Land Reforms Regulation \r\n(Regulation 64 of 1959), hereinafter referred to as the said Regulation, is hereby \r\nrepealed. \r\n (2) Subject to the other provisions of this Regulation, the repeal of the said \r\nRegulation shall not affect– \r\n(a) the previous operation of the said Regulation or the validity, invalidity, \r\neffect or consequences of a nything already done or suffered \r\nthereunder; \r\n(b) any right, title, privilege, obligation or liability, acquired, accrued or \r\nincurred thereunder; or \r\n(c) any penalty, forfeiture or punishment incurred in respect of any offence \r\nunder the said Regulation; or \r\n(d) any investigation, legal proceedings or remedy in respect of any such \r\nright, title, privilege, obligation, liability, penalty, forfeiture or \r\npunishment as aforesaid; and any such investigation, legal \r\nproceedings, or remedy may be instituted, continued or enforced and \r\nany such penalty, forfeiture or punishment, may be imposed as if this \r\nRegulation had not been made. \r\n (3) Any proceedings pending before an authority constituted or appointed \r\nunder the said Regulation, immediately before the coming into forc e of this \r\nRegulation, shall stand transferred to such authority constituted or appointed under \r\nthis Regulation as the Commission may, by order published in the official Gazette, \r\nspecify in this behalf, and the authority to which such proceedings are transf erred \r\nshall, in such proceedings, act in accordance with the provisions of the said \r\nRegulation, as if it had been appointed under the said Regulation. \r\n \r\n79\r\n[(4) Land vesting in Government under the repealed Regulation and not \r\ngranted to any person before the repeal thereof shall be disposed of or utilized by \r\nGovernment as far as may be in accordance with the provisions of Part V.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n79Added by the Land 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