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administration. The system of sharing (Kharaj-i-Muqasama) required a
large staff. The earlier Muslim conquerors due to small number of available
Muslims, employed Hindu staff for having necessary experience and
technical skills.The fusion of two systems, indigenous and Islamic,
gradually evolved into a highly developed and successfully working
agrarian system under the prominent Muslim rulers like Alauddin Khilji,
Ghiyas ud Din Tughlaq, Shershah Suri and Akbar the great.
4. The British started their rule in sub-continent from occupation of
Bengal in 1757. They found the land system already developed by the
Muslim rulers to be fully workable and they adapted the same. They only
had to make certain improvements like effecting of settlements of districts,
determination of rights in soil of various landholdings and codification of
agrarian laws. The major improvements made by the British administrators
in land system were:
(a) Assessment of Land Revenue by making settlements.
(b) Determination and framing of record of rights in land to decide
who should pay the sums assessed.
(c) Collection of Land Revenue
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and allied matters. A brief resume of some important laws is given
hereinafter.
(i) Punjab Land Revenue Act, 1967:
This is the basic law governing the matters pertaining to
administration of lands by dividing the province into divisions, districts, sub-
divisions, tehsils, sub-tehsils, revenue estates and mahals. It provides
systems for making assessments through settlements so as to work out
the demand of land revenue, for appointment of revenue officers and
village officers and deriving procedure for collection of government dues,
for setting up and maintaining revenue records so as to determine the
rights and obligations of landowners and peasants and for partition of
holdings etc. In aid of the Act, several sets of instructions and manuals
have been promulgated such as Land Records Manual, Land
Administration Manual and Land Settlement Manual. In addition to this
Punjab Land Revenue Rules, 1968 and Land Revenue Assessment Rules,
1968 were also made for smooth implementation of the Act. Jurisdiction of
the Civil Courts has been expressly barred in the matters where
Government, Board of Revenue or Revenue Officer can take cognizance
of.
The West Pakistan Land Revenue Act, 1967 repealed 24 previous
Acts including the Punjab Land Revenue Act, 1887 and Sind Land
Revenue Code of 1879. It introduced one integrated system in whole
province of West Pakistan. After disintegration of One Unit, it was adapted
in all the provinces and in Punjab it was renamed as The Punjab Land
Revenue Act, 1967.
The most important changes introduced by the Act 1967 were
regarding preparation and maintenance of record-of-rights. Under the old
Act 1887, the transfer of names or changes could be had clandestinely,
fraudulently and without real notice to the transferor or the real owner and
no guarantee was assured that the real owner was really the person
represented at the time of mutation proceedings before the revenue officer,
and most of the procedure was verbal, leaving a great scope for blackmail,
bribery and corruption. The new Act provided ample safeguards against
those clandestine practices.
(ii) Punjab Tenancy Act, 1887.
Tenancy has always been a dominant feature of the land system of
Indo-Pak sub-continent. Tenants are usually of two types (a) occupancy
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tenants and (ii) non-occupancy tenants or tenants-at-will. The former are
hereditary (maurusi) tenants who have the right to hold the land so long as
they pay the rent fixed by the authority, and to pass it on to their
descendants on same terms. Some of the tenants in this class do not pay
any rent for the land beyond the land revenue and the rates and the
cesses for the time being chargeable thereon. Their status is synonymous
to owners. A non-occupancy tenant or tenant-at-will is a tenant from year to
year. His rent is determined by an agreement whether expressed or
implied. He is liable to ejectment at the will of the landlord. Besides these
two classes of tenants, there may be tenants for fixed terms, exceeding
one year under a contract or a decree or orders of a court or competent
authority. There are also Government tenants who hold lands subject to
conditions made applicable under section 10 of the Colonization of
Government Lands (Punjab) Act, 1912.
To regulate the relationship between the landlord and tenant the
Punjab Tenancy Act was enacted in 1868. This Act , however, left many
matters of detail unnoticed. Moreover, it contained some legal difficulties
about its working. This Act was superseded by the Punjab Tenancy Act of
1887 which aimed at removing the defects and difficulties. It provided
classes of occupancy tenants in its sections 5, 6 & 8. All other classes
were termed as tenants-at-will and they did not get status of occupancy
tenants by mere length of possession.
These Acts did not provide adequate security to the tenure of the
tenants particularly the tenants-at-will. After creation of Pakistan, various
amendments were brought in tenancy laws by the provinces at different
times and on different lines. In order to provide equal security of tenure to
the tenants-at-will in different regions and for unification of laws, certain
enactments were made by the land reforms in 1959, 1972 and 1977.
(iii) Board of Revenue, Act 1957.
Financial Commissioner was the highest revenue officer in the
Punjab as per section 6 of the Punjab Land Revenue Act, 1887. The post
of Financial Commissioner was abolished by constitution of the Board of
Revenue with the enactment of the W.P. Act XI of 1957, which on
dissolution of One Unit in 1970, became the Board of Revenue, Punjab.
It is the controlling authority in all matters connected with the
administration of land, land taxation, land revenue, preparation, updating
and maintenance of record of rights and periodical reports containing the
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rights of land owners, tenant. It is the highest Revenue Court and
custodian of the rights in land of all the right-holders. It exercises general
superintendence and control over the Revenue Officers and Revenue
Courts in the province and can exercise suo-moto jurisdiction.
The Board of Revenue originally consisted of one Member only but
the number of Members increased with the span of time. Presently, it
consists of the following Members:-
a) Member (Revenue), who also holds the portfolio of the Senior
Member, Board of Revenue. He is the Secretary to
Government of the Punjab, Revenue Department as well as
the Chief Land Commissioner, Punjab. The Senior Member is
in-charge of administrative matters only and does not have
any supervisory/ appellate jurisdiction over other Members in
judicial matters.
b) Member (Colonies), who is also the Secretary to Government
of the Punjab, Colonies Department. He is responsible for
administration and management of the state land in the
province and he derives his powers under the Colonization of
Government Lands (Punjab) Act, 1912.
c) Member (Consolidation), who is also the Secretary to
Government of the Punjab, Consolidation Department. He is
responsible for formulation of the policy and procedure
regarding consolidation of holdings and also exercises suo-
moto jurisdiction under section 13 of the Consolidation of
Holdings Ordinance, 1960 etc.
d) There are eight other Members who have been designated as
Members (Judicial) I to VIII. They are assigned specific cases
pertaining to appeals, revisions and reviews in all the judicial
cases under various Acts such as Land Revenue Act, 1967,
Colonization of Government Lands (Punjab) Act, 1912,
Consolidation of Holdings Ordinance, 1960.
e) All the Members, Board of Revenue act as Revenue Officers
of the highest grade in the province as provided under section
7 of the Land Revenue Act, 1967. However, they act as
Revenue Courts while hearing the cases under the Punjab
Tenancy Act, 1967.
(iv) Colonization of Government Lands (Punjab) Act, 1912.
To bring the vast tracks of government lands under cultivation in the
Punjab, a network for irrigation of lands was set up by constructing various
canals in the Province. In order to regulate the Colonization of lands,
certain schemes were promulgated from time to time, as below: -
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(4) The Chunian Colonization Schemes, 1897-98 & 1904-1905;
(5) The Lower Jhelum Colonization Scheme, 1902-1906;
(6) The Jhang Colonization Scheme, 1904-1906;
(7) The Lower Bari Doab Colonization Scheme, 1912-1922;
(8) The Upper Chenab Colonization Scheme, 1915-1919;
(9) The Upper Jhelum Colonization Scheme, 1916-1921;
(10) The Nili Bar Colonization Scheme, 1924.
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Agriculture plays a vital role in the economy of Pakistan. Productivity
of land is directly proportionate to the infrastructure and facilities. With the
passage of time, size of holdings became smaller and smaller due to the
fragmentation caused by division of holdings through process of
inheritance as also due to piecemeal alienation s. It was realized that in
order to increase food production effective consolidation of holdings was
necessary as it would not only save time and labour but also making
improvements would be facilitated. To cope with the problems of
fragmentation of holdings, in order to regroup the scattered holdings and to
make compact blocks, the British initiated process of consolidation of
holdings. Two Acts namely Consolidation of Holdings Act, 1936 and
Consolidation of Holdings Act, 1946 were enacted for the purpose in
Punjab and NWFP, respectively.
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enclosing a certified copy of the impugned order amd the concerned officer
disposes it off after calling the relevant reord.
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Through an agreement, it was agreed between Governments of
India and Pakistan that the revenue records of East Punjab and its States
(India) be exchanged with the revenue records of West Punjab (Pakistan)
and for this purpose “special jamabandis” of 1946-47 were prepared by
both sides and this record was accordingly exchanged. There were two
categories of displaced persons. The displaced persons hailing from East
Punjab and its States (India) were called “Agreed area claimants” whereas
the other displaced persons migrating to Pakistan from other States and
part 5 of India, were called “Non-agreed areas claimants”.
The displaced persons hailing from East Punjab, and Delhi, the East
Punjab States and the States of Alwar, Bharatpur and Bikaner. (Agreed
areas) were required to file their claims on the prescribed form under the
said Ordinance/ Act. The Central Record Office on receipt of the said
claims ,after due scrutiny, issued fard-i-haqiat, in triplicate, in favour of the
claimant. One copy of fard-i-haqiat called as “Office Copy” was retained in
the Central Record Office/ Central Record Room and other two copies
called as “Claimant Copy” and “District Copy” were attached with the
original claim form which after verification was sent back to the place from
where it was received. On receipt of the claim by the concerned Patwari
Halqa, the “claimant copy” was to be delivered to the claimant and other
copy remained attached with the claim form, for allotment.
The displaced persons who had abandoned rural and urban
agricultural land in ‘Non-Agreed Areas’, were required to file claims under
Schedules IV and V of the Claims Registration (Displaced Persons) Act of
1956 for verification of their claims. As no record of land abandoned by
such displaced persons in ‘Non-Agreed Areas’, had been received from
India, these claims were verified by the Claims Commissioners appointed
under the said Act, on the basis of evidence produced by the displaced
persons and the entitlement in the shape of QPR-V form, was issued, in
triplicate, in favour of the claimant concerned. One copy of QPR-V
entitlement was retained by the Central Record Office whereas the other
two copies called “Claimant Copy” and “District Copy” were sent to the
District according to the choice of the claimant given in the QPR-I form, for
allotment.
Later on, it was found that the claimants from ‘Non-Agreed Areas’
had got verified their claims much in excess of the area abandoned by
them in India, therefore, Martial Law Regulation No.84 called the Scrutiny
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of Claims (Evacuee Property) Regulation, was enforced on 28 th December,
1960 requiring such claimants to submit the said declaration/ form MR-I on
or before the 20th February, 1961.
The Martial Law Regulation No.89 Scrutiny of Claims (Evacuee
Property Regulation) was promulgated on 23.08.1961 under para 5 of
which, a scale of entitlement was prescribed and the entitlement of every
claimant was to be determined afresh and every claimant holding land in
excess of his entitlement as shown in the Entitlement Certificate was
required to surrender such excess land and according to Para 9 of the said
Regulation, the land so surrendered was not to revert to the compensation
pool and was disposed of the Government of West Pakistan.
The claims of displaced persons from Jammu & Kashmir who had
abandoned land in the J&K State, filed under the provisions of Displaced
Persons (Claims Registration) Act of 1956 were also verified by the Claims
Officers like that of other refugees from ‘Non-Agreed Areas’ and these
claimants were also required to file QPR-I Form in the Central Record
office for issuance of entitlement certificate and the Central Record Office
issued QPR-V entitlement certificates in their favour and sent it to the
district of their choice for allotment.
In 1957, Act No.XII of 1957 called Pakistan (Administration of
Evacuee Property) Act, 1957 was promulgated on 15.03.1957. under it’s
Section 7(1), all evacuee property was vested in the Custodian with effect
from the first day of March, 1947. Under section 18(1) the Rehabilitation
Authority was empowered to allot to any person any evacuee property or
property which the Custodian had taken possession of. The Central
Government by an order contained in Endst. No.F.20(9)/56-RRI, dated 24 th
March, 1956 authorised the Rehabilitation Commissioner, West Pakistan,
to pool all evacuee land and to allot the same to persons resident in
Pakistan whether refugees or not.
In order to provide for the permanent settlement of displaced
persons on land and for matters incidental thereto or connected therewith,
Displaced Persons (Land Settlement) Act, 1958 (Act XLVII of 1958) was
promulgated on 23rd September, 1958. It’s sections 10 and 11 are of great
importance and it relate to cancellation of bogus and excess allotment held
by the allottees.
The allotment of land against rural claims was banned by the
Federal Government on 25.06.1973 and all the Registers R.L.II which were
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lying with the Patwaris concerned, were sealed at Tehsil Headquarters and
placed in safe custody. The claimants having unsatisfied claims/ units were
required to apply on the prescribed form C.C.L.I. for getting cash
compensation against their pending claims/ units. The last date fixed for
submission of such forms expired on 28.02.1974. The Settlement Laws
were repealed w.e.f. 01.07.1974 by virtue of the Evacuee Property &
Displaced Persons Laws (Repeal) Act, 1975. However, the cases which
fall under the category of ‘pending proceedings’ as defined in Section 2(2)
of the said Repealing Act, are to be decided according the law so repealed.
(vii) Land Reforms.
The land reforms in the country were based on the theory that small
farms had a higher yield per acre than large farms, so it was considered
that a re-distribution of owned land in favour of the smaller farmers would
improve average yields in agriculture. Hence land reforms were considered
advisable both on grounds that they would reduce the degree of inequality
of rural incomes, as well as on grounds of efficiency. The main tasks of
these reforms were;
• Abolition of Jagirs and Muafis;
• To fix ceiling on individual ownership;
• Sale of surplus land to tenants on payment of compensation;
• Conferment of ownership rights upon occupancy tenants;
• Prohibiting ejectment of tenants except through revenue courts;
• Restricting of alienation and partition of holdings to avoid reduction of
land below subsistence or economic.
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1,000 acres of unirrigated land or a maximum of 36,000 Produce Index
Units (PIU), whichever was greater. It further allowed that land to be
redistributed amongst tenants and others. In addition, the regulation
contained provisions which provided for security of tenants as well as for
preventing the subdivision of land holdings.
It did not repeal the 1972 regulations, but was designed to operate
concurrently with the same. The most important and relevant change it
made was that individual holdings, including shares in shamilat were
reduced to a maximum 100 acres of irrigated land or 200 acres of
unirrigated land, or an area equivalent to 8,000 PIU of land, whichever is
greater.
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(v) Agricultural income Tax (AIT).
The land revenue system in sub- continent has been in effect since
times immemorial. The term ‘land revenue’ has been defined in section 4
(14) of the Land Revenue Act, 1967 as “land revenue assessed or
assessable under this Act or under any other law for the time being in force
relating to land revenue, and includes any rates imposed on account of
increase in the value of land due to irrigation”.
After Islamisation of laws was started in 1979 in pursuance to Article
227 of the Constitution of Islamic Republic of Pakistan, Zakat and Ushr
Ordinance 1980 was enacted which provided for charging Ushr from every
landowner, grantee, lessee, lease-holder or land-holder at the rate of five
percent of his share of produce. Land revenue and development cess was
not levied on land on the produce of which Ushr was charged on
compulsory basis. The communities exempted from Ushr continued to pay
land revenue.
The Government of Punjab levied tax on agricultural income by
enacting The Punjab Agricultural Income Tax Act, 1997 under which tax is
imposed by two methods, (1) as a charge on agricultural land, and (2) as a
tax on agricultural income. The taxpayer is liable to pay one of these two
taxes, whichever is greater. The procedure of assessment and collection of
the AIT has been provided in The Punjab Agricultural Income Tax Rules,
2001.
After enactment of Agricultural Income Tax Act, 1997, the provision of land
revenue has been abolished with effect from Rabi 1996-97 through The
Punjab Land Revenue (Abolition) Act, 1998.
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▪ “Lambardar/Village Headman”.
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