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THE REDISTRIBUTIVE LAND REFORMS BILL 2010 - MQM (Muttahida Qaumi Movement)

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THE REDISTRIBUTIVE LAND REFORMS BILL 2010 by Muttahida Qaumi Movement (Presented to Parliament 12th Oct 2010)
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  1 THE REDISTRIBUTIVE LAND REFORMS BILL 2010ABILLto provide measures for an equitable distribution of agricultural landWHEREAS it is expedient to provide measures for theeradication of the hereditary skewed ownership of the agriculture landand its redistribution amongst the toiling tillers of the soil;WHEREAS land is a free bounty of nature and the State has beenrecognized its owner, both by the Muslim and Hindu jurists;WHEREAS the inherent right of the occupant to cultivate theland and State’s right to collect rent, in the form of ushr or malguzari orlagan or dhal, from the occupant-cultivator, is embedded in historyfrom times immemorial;WHEREAS replacement of the ancient customary law of temporary or life-time occupancy, by hereditary ownership with theintroduction of zamindari, ryotwari and jagirdari system by the BritishColonial Government created a perpetuating socio-politicaldisequilibrium in the society;WHEREAS the colonization through the Lloyd Barrage, KotriBarrage and Guddu Barrage in Sindh and the Jinnah Barrage, ChasmaBarrage and Taunsa Barrage in Punjab by grant of the most fertile andlarge tracts of land measuring 100 to 200 acres to influential absenteezamindars, jagirdars, civil and military bureaucrats at a throwawayprice of Rs.100 to Rs.500 per acre, created a new class of overlords whoearned windfall profits through the sweat and labour of the poverty-ridden haris, and muzaareen [cultivators];  2 WHEREAS the three land reforms introduced in 1959, 1972 and1977 failed to reduce the size of large-estates and did not benefit morethan eight per cent of the haris and muzaareen;WHEREAS the Government failed to present a bill, pendingwith the Cabinet Division for the last nineteen years, so as to proposenecessary amendments in MLR 115 and the Land Reforms Act 1977 inthe light of the observations made by the Shariat Appellate Bench of theHon’able Supreme Court in its judgment dated 14 th December 1991;WHEREAS the political and bureaucratic interventions over thepast sixty three years, establishing and supporting large estates, at theexpense of the local peasantry, has amply demonstrated the lack of legitimacy in the prevailing system of landownership;WHEREAS there is no provision of absentee landlordism inIslam;WHEREAS sharing the produce by a tenant, in return for hislabour, from the land owned by a landowner who does not physicallyparticipate in the cultivation, is “mutlaq haram,” in the words of HazratImam Abu Hanifa, one of the greatest Islamic jurist;WHEREAS the skewed pattern of ownership is the major causeof abject poverty of the landless in the developing countries aspronounced by leading economists in the Report of the World Bank inits monologue on ‘Equity and Development 2006”;WHEREAS Islam enjoins equitable distribution of wealth andeconomic powers and abhors their concentration in a few hands;AND WHEREAS the usurpation of the national resources by afew feudal lords, causing annoyance and discontentment amongst theoverwhelming majority of the poor cultivators resulted in theintervention by the legislators of the National Assembly through itsResolution on 3rd September 2010 unanimously resolving that, “thepresent feudal system, if allowed to continue, will prove detrimental tothe interest of the people of Pakistan and as such all legal andconstitutional steps be taken to rectify the situation”, it is thusexpedient to initiate socio-economic reforms as under:-  3 1. Short title, extent and commencement.--(1) This Act may be called the Redistributive Land ReformsAct, 2010.(2) It extends to the Provinces of Baluchistan, KhyberPakhtunkhwa, Punjab, Sindh and the Islamabad Capitalterritory, but shall not apply to the Federally AdministeredAreas.(3) It shall come into force at once.2.   Definitions.--- In this Act unless there is anything repugnant inthe subject context---(1) “Commission” means the Land Commission constitutedunder Section 8;(2) “Cooperative Farming Society” means a society formedvoluntarily by families owning land for intensive cultivationand maximizing output by optimal use of scarce resources.(3) “Economic holding” means an area in one estate, mouza,deh or taluka or district or in any one or more than oneprovince, not exceeding thirty six acres irrigated or fiftyfour acres unirrigated land owned, and occupied by afamily;(4) “Family” means husband, wife, minor children andunmarried daughter(s);(5) “Government” means in relation to the Islamabad CapitalTerritory, the Federal Government, and in relation to aprovince, the Government of that Province;(6) “Irrigated” means land irrigated by a canal, tube-well, well,lift, spring, and includes kutcha land within the floodprotection bunds;  4 (7)   “Land” means land which is occupied or has been or can belet for agricultural purposes or for purposes allied orsubservient to agriculture and includes a fish farm,livestock farm, forest land, the sites of buildings andinstallations on such land but does nor include State land,and land occupied as the site of a village, town, factory orindustrial establishment;(8) “Landlord” includes an occupant under whom a tenant or alessee holds land, and to whom the tenant or lessee is, or butfor a special contract, written or verbal, would be liable topay rent for that land;(9) “Land Revenue” includes malguzari, or khiraj, or lagan, ordhal, or ushr, for each crop payable to the Government byan owner or occupant in such manner and at such rates asmay be prescribed;(10) “Person” includes educational institution, trust, whetherpublic or private, a Hindu undivided family, a company orassociation or body of individuals, including a registered oran unregistered partnership, a proprietary concern and acooperative or other society but does not include a localauthority, a university established by law, and a registeredcharitable trust or religious waqf;(11) “Prescribed” means prescribed by rules under this Act;(12) “Self cultivation” means cultivation by the owner himself orby a member of his family but does not include cultivationby a labourer or worker who cultivates the land on daily,monthly or yearly wages;(13) “small land owner” means a person having less area thanthe area of “economic holding”(14) “Tenant” includes a lessee who holds land under a verbal orwritten contract under an owner of land and liable to payrent, occupancy charges or lease money in cash or kind;
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