Base de données Genre et le Droit à la Terre


Législation foncière

Land Reforms Regulation, 1972, enacted as Martial Law Regulation N. 114, amended in 1973:

  • Article 8 [1]: Fixes the limits of individual holdings and ceilings of ownership at 150 acres of irrigated or 300 acres of non-irrigated land.
  • Article 9: No person may possess any share in Shamilat – the common property of a village - if s/he owns or possesses the maximum permissible area of land.
  • Articles 13 [1] and 16: Land held in excess to the official permissible area of retention is to be vested in the Government without payment of any compensation to the landowners in question.
  • Article 18 guarantees free distribution to tenants and landless. However, no land is to be granted to tenants who are already entitled to inherit land.
  • Articles 7 [1] [b] [i] and 10 [2] define the right of prior transfer of land to heirs: wife, sons, daughters, father, mother, children of deceased sons and daughters.
  • Article 11 allows for choice and exchange of area exceeding the ceilings.
  • Article 25 [1] [a] [b] [c] [d]: A tenant shall not be rejected from his tenancy unless it is established in the Revenue Court that he has failed to pay the rent or misuses the land, does not cultivate the properly or sublets his tenancy.
  • Article 25 [3] [a] [b] [c] states that the landowner has to pay all taxes, water rates and seeds, while expenses for fertilizers and pesticides are shared .
  • Articles 4, 5, 6 of Part II provide for the constitution of a Land Commission of the Province and of a Federal Land Commission (16).

- The 1973 Land Reforms Punjab Amendment Act extended the law to the whole Province of the Punjab (16).

Land Reforms Act, 1977:

  • Articles 3-6: No person shall own more than 100 acres of irrigated land or 200 acres of unirrigated land, including the share in Shamilat.
  • Article 9: Land in excess of the permissible area shall be surrendered to the Land Commission.
  • Article 11: The Federal Government, in respect of the surrendered land, shall pay compensation.
  • Articles 15-17 deal with the disposal of land vested in the Government. The land may be granted to landless tenants and may be used for public purposes.
  • Articles 18-27 outline powers and duties of Federal and Provincial Land Commissions (16).

Sources:  Les nombres affichés entre parenthèse (*) font référence aux sources énumérées dans la Bibliographie.