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Corporate Farming
Sweeping changes in Land Reforms Act soon
Rauf Klasra
ISLAMABAD: The govt plans to introduce 17 sweeping amendments in the Land Reforms Act 1977 before October polls. The Land Reforms Act was approved during the late Zulfikar Ali Bhutto government.
An ordinance has been submitted to the president for its immediate promulgation. The amendments introduced in the new ordinance are unlikely to give any benefit to the landless class. The ordinance was also presented before the last cabinet meeting along with a summary prepared by the Cabinet Secretariat.
Despite criticism by human right groups and farmers right activists the government is bringing laws to give lands to multinational corporations, which have huge resources at their disposal, to cultivate these lands without any ceiling limit in the name of corporate agriculture farming.
Majority of the critics of this government term the foreigner's clause in the ordinance a new kind of feudalism supported by the government in rural areas where the farmers with less resources will be fully exploited.
They argue that the less resourceful farmers will be ultimately selling their lands and becoming labourers and daily wagers at the lands owned by these big multinationals.The new ordinance 2002 will enable the government to keep the ban on owning of land holding to 100 acres while the foreigners and foreign companies would be exempted from this clause.
In addition to it, the cabinet secretary has also sought decisions to re-impose limits on individual land holdings wef the date prescribed by the federal government.
Following is the full text of the ordinance to be promulgated shortly.
AN ORDINANCE 2002 ( Further to amend the Land Reforms Act 1977, (II of 1977) and to re-enact certain provisions thereof in conformity with the injunctions of Islam)
The ordinance may be called the Land Reforms (Amendment) Ordinance 2002.
2- It shall come into force on such date as the federal government may, by notification in the official gazette, specify.
Amendment of Section 2, Act-II of 1977. In the land revenue act, 1977, herein after referred to as the said act, in section 2 clause 7 after the words 'does not include' the words 'religious waqf or a religious trust, an agricultural farming company incorporated under the companies 1984 (XLVII of 1984) and duly listed on the stock exchange,' shall be inserted.
Amendments of section 3, Act II of 1977. In the said act, in section 3 in the provision for the full stop at the end and column shall be substituted and thereafter the following new provision shall be added namely:
"provincial further that after coming into force of land reforms ordinance 2002 nothing in this section shall apply to such land in excess of prescribed limits as is acquired through inheritance from any source"
4 Substitution of section 4, act ii of 1977. In the said act, for section following shall be substituted namely:
"4- Choice and exchange of land. Save as otherwise provided in this act a person who owns or possess land including his share in Shamlat if any in excess to his entitlement under act shall out of such land, select in compact blocks as large as possible, the area which he is entitled to retain.
ii. 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 authorised 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 quality of produce index value of the land proposed to be exchanged.
iii- no appeal shall lie in any court or before any authority whatsoever, against an exchange of land allowed or disallowed under clause-ii.
Provided that the provision of this section shall not apply to the land of a person in excess of his entitlement under section 3, which has been voluntarily acquired after coming into force of land reforms (amendments) Ordinance 2002.
Explanation: for the purpose of clause ii "family shall mean father, mother, brothers, sisters, husband, wife or wives, sons and daughters"
5- Substitution of section 5, Act ii of 1977. In the said act for section 5, the following shall be substituted namely:
"partitioning of joint holdings and undivided shamlat- Notwithstanding anything contained in any other law for the time being in force, a joint holding or an undivided shamlat shall for the purpose of this act be subject to partition to the extent of the share in such joint holding or such undivided shamlat".
6- Substitution of section 6, act II of 1977. In the said act, for section 6, the following shall be substituted namely:
"6- Certain transfers void-(1) The transfer of any land, made in any manner whatsoever in respect of any area, on or after coming into force of the land reforms, (amendment) ordinance 2002 by any person holding immediately before that date an area exceeding his entitlement under section 3, shall be 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 of any land left with a person after he has surrendered the land in excess to his entitlement under this Act".
7- Amendment of section 7, Act II of 1977. In the said act, in section 7 for subsection (5) the following shall be substituted namely-
"(5) where a person fails to make a declaration under this section, an officer of the district concerned who is authorised by a commission in this behalf shall of his own motion or otherwise, and after calling for such information and according such evidence as he may deem necessary, determine the land owned or possessed by such person in excess to his entitlement under section 3 and shall make an order to this effect. After an order has been so made, the excess land shall, subject to the other provisions of the Act, vest in government with effect from the date of its having exceeded his entitlement and it shall be surrendered by him to the Land Commission of the province concerned, and this will be without prejudice to any other liability incurred under any provision of this act.
8- Substitution of section 8, Act II of 1977. In the said act for section 8, the following shall be substituted namely:
"8 Certain restrictions on cutting of trees and dismantling or removal of permanent installations or structure: A person who owns or possesses land in excess to his entitlement under section 3, or nay one on his behalf shall not with effect from coming into force of land Reforms (Amendment) Ordinance 2002, cut or remove any tree or dismantle , demolish, damage or remove, any permanent installation or structure including buildings and tubewells on land, owned or possessed by him until the land in excess to his entitlement has been surrendered by him under this Act".
9- Substitution of section 9, Act II of 1977. In the said act, for section 9, the following shall be substituted namely:
"9- Vesting in government of excess land (1) Land in excess of the area possible for retention by a person under section 3 shall be surrendered by him to the land commission of the province where such land is situated 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 retains unaffected until the standing crops are removed.
(2) Land determined under sub section (5) of the section (7) to be in excess to the entitlement of a person shall vest forthwith in government free of any encumbrance or charge and the defaulters shall be deemed to have forfeited the right and option under section 4.
4- Any land surrendered by a person which was in his possession as a lessee or mortgage, shall not vest in government but shall subject to the provision of section 3, revert to the lessor or mortgager as the case may be.
(5) Any land surrendered by a person which was held by him as the landlord of an occupancy tenants or a Muqarraridar or as an Adna Malik shall not vest in government but shall, subject to the other provisions, of the act vest in the occupancy tenants, Muqarraridar or Adna Malik as the case may be, free from any encumbrance or charge".
10- Substitution of section 10, Act II of 1977. In the said act, for section 10, the following shall be substituted namely:-
"10- Permanent installations and structure- Permanent installations and structures, including building 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"
11- Substitution of section II, Act II of 1977. In the said act, for section 11, the following shall be substituted namely:-
"11- Compensation of Land: (1) subject to the other provisions of the act, the federal government shall in respect of land , permanent installations and structure thereon, surrendered under section 9 on coming into force of the land reforms (amendment) ordinance 2002, pay compensation to the person who surrendered the land.
(2) compensation under sub-section (1) shall be determined and paid in accordance with the provision of the land acquisition Act 1894 (1 of 1894) by an officer of the provincial land commission, authorised for the purpose, whose orders shall be subject to appeal and revision under the rules, made under section 21 of this act and the compensation so determined shall be paid in such manners as may be prescribed.
(3). The provisions of sub-sections (1) and (2) shall not apply to
(a) land the surrender or resumption, of which has been finalised or in which action has been initiated before the 23, March 1990. The compensation in respect of such land shall be paid in cash at the rate of Rs 30, per produce unit and
(b) Land acquired voluntarily after the commencement of the land reforms (amendment) ordinance 2002 by a person in excess of his entitlement under section 3, such land shall vest in government without any compensation".
12- Omission of section 12, Act II of 1977. In the said act section 12 will be omitted.
13- Omission of section 13, Act II of 1977, in the said act, section 13 shall be omitted
14. Substitution of section 14, Act II of 1977: In the said act for section 14, the following shall be substituted namely
(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 or land retained by him under this Act.
Provided that if the encumbrance charge exceeded the value of land left with person, it shall to the extent of such excess, be deemed to be an encumbrance or charge on compensation payable to him , if any under this Act".
15- Substitution of Section 15, Act II of 1977. In the said act, for section 15, the following shall be substituted namely
"(15)- Disposal of surrendered land: (I) Land vested in government under this act, shall subject to the provisions of this section, be granted free of charge of the tenants who are shown in the revenue record to be in cultivating possession of it during Khairf 1976 and Rabi 1975-76.
Provided that where at any time after the commencement of this act, a person acquires any land by reasons of which the areas of the land owned or possessed by him of charge to such tenants as are shown in the revenue records to be cultivating possession of it in the Kharif and Rabi immediately preceding such acquisition.
(2) land vested in government under section 9 shall on coming into force of land reforms ordinance 2002, and 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 2001 and 2001-2002.
Provided that where at any time, after coming into force of land reforms ordinance 2002, a person acquires any land by reason of which the area of land owned or possessed by him exceeds the limits fixed by section 3, the land revenue records to be in cultivating possession of it in Kharif and Rabi immediately preceding such acquisition
(3)where any tenant who is entailed to grant of land, he shall be granted only so much land which together with the land already owned by him, does not exceed a subsistence holding.
(4) No land shall be granted to tenants 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.
(5) Land which is not granted under sub sections (1) (2) and (3) shall be granted to the other landless tenants or persons owning less than a subsistence holding.
Provided that government may utilise any such land for public purpose it may deem
fit.Explanation: For the purpose of this section, "means an area of 32 acres of land in the province of Balochistan, sixteen acres of land in the province of Sindh and half a square or half a recentagle or twelve and a half acres of land, whichever is more, elsewhere.
16. SUBSTITUTION OF SECTION 16, Act II of 1977. In the said act, for section 16 for the following shall be substituted namely.
"16. Conditions for grant of land: (1) grant of land to tenants and small landowners under section 15, shall be on condition that a grantee or his heirs shall not be alienated by sale, gift, mortage or otherwise the land, or any partition thereof, or sub-let it , during a period of 20 years from the date of grant.
Provided that for the purpose of obtaining a loan for the development of the land, the grantee or his heirs may mortgage in the favour of government, government 'sponsored institutions, a Bank or Co-operative society'.
(2) The provincial land commission concerned may cancel a grant of land for violation of any of is conditions after giving an opportunity of being heard to the grantee or his heirs as the case may be".
17- SUBSITUTION OF SECTION 17, Act II, of 1977. In the said act, for section 17, the following shall be substituted namely:
"17- UTILIZATION OF LAND: Notwithstanding, anything obtained in section 15, a provincial government may subject to the approval of the federal government, utilise or dispose of land surrendered under section 9 of the said act and paragraph 15, 16, and 17 of the land reforms regulation 1972 (Regulations No 115 of 1972) for such public purpose and in such manner as the provincial government may deem fit, if it is
(a) an orchard, (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 Shikargah and study or livestock farms".
General Pervez Musharraf,
President of Pakistan.
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