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Old Tuesday, March 20, 2012
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Land Administration


Land Administration:-Land administration is “the regulatory framework, processes that encompass the determination, allocation, administration and information concerning land. It is also defined as “the processes of determining, recording and disseminating information about the ownership, value and use of land when implementing land management policies”.(UN-ECE, 1996; 2005)

It includes:-
• The determination and conditions of approved uses of land
• The adjudication of rights and their registration via titling
• The recording of land transaction and
• The estimation of value and taxes based on land and property.

Components of Land Administration:


1.The land rights registration and management,
2.The land use allocation and management,
3.The land valuation and taxation

Functions of Land Revenue Administration:

1.Assessment and Collection of Land Revenue
2. Development Cess and surcharges thereon and Agricultural Income Tax
3.Land Surveys and record of rights including restrictions over transfer of title
4. Alienation of revenue
5.Jagirs and muafis – Punjab Abolition of Jagirs Act
6.. Religious endowment of land
7. Revenue Tribunal
8. Escheats
9.Preemption Law
10. Alienation of Land Act


The Board of Revenue


Introduction:

The Board of Revenue (BOR) at provincial level is mandated with all matters connected with administration of the land, collection of land revenue, preparation of land records and other matters. The BOR is also the highest court of appeal and revision in revenue cases within the Province .The Board of Revenue Punjab, with the financial assistance of Government of the Punjab, established under Punjab Board of Revenue Act 1957, is the successor of the Financial Commissioner under the repealed Punjab Revenue Act 1887.


Classification of Functions of BOR

1. Maintenance of Records of Rights
2. Collection of Agricultural Income Tax, Water Rate
3. Facilitation of Agricultural Loans
4. Land Acquisition
5. Registration of Deeds
6. Resolution of record and tenancy related disputes

Major Activities Perform by of the Revenue Department
1.Administration and Management of State Land.
2.Disposal of State Land, through sale, lease and exchange.
3.Transfer of State Land to Provincial Government Departments free of cost for public process
4.Transfer of State Land to Federal Government and Autonomous Bodies at market price
plus 10% surcharge
5.To consolidate scattered holdings of landowners in compact blocks
6.To reduce the number of plots of land of the right holders of a Revenue
Estate by consolidating scattered Chunks of their land into minimum
number of compact blocks.
7.To prepare an up-dated record of right holders for use by the Revenue
Department/right holders.
8.To eject illegal /un-authorized occupants of Government state land.
9.To carve out new paths besides retaining the old paths where necessary for
improving the
10.Communication between the villages
11.Compulsory Acquisition of Land, Land Acquisition Act and Rules made
thereunder.
12.Demarcation and Rectangulation of Land.
13.Treasure trove.
14.Registration of deeds and documents including Registration Fees.
15.Copying Department.
16.Court of Wards, encumbered and attached estates.
17.Government Estates.
18.Debt Conciliation Boards.
19.Land Laws.
20.Settlement and Re-assessment.
21.Tenancy Laws and relations between landlords and tenants.
22.Waterlogging and salinity other than schemes related thereto.
23.Suspension and remission of Land Revenue and Water Rate.
24.Crop reports.
25.Muslim Personal Laws (Shariat) Application Act, 1962.
26.Change of names of Villages, Tehsils and Districts in the Punjab.
27.Conferment of powers under the Revenue Laws.
28.Patwar SchoolsTerms of Reference
29.All matters relating to Katchehri Compounds in the Divisional/District
Offices under the
30.Katchehri Compound Fund Rules, 1937
31.Transfer of Property Act
32.Stamps and Court Fees Judicial and non-Judicial under Court Fees Act
33.Printing and Revision of Gazetteers
34.Territorial Adjustments and changes
35.Boundary Disputes
36.Transfer of Revenue Record Pak-India
37.Matters relating to District and Tehsil/Town office buildings etc. except
actual
38.Construction, maintenance and repairs.
39.Refund of Revenue Deposits lapsed before independence
40.Malba Cess Fund
41.Printing, revision, publication and distribution of revenue manuals
42.Lambardars
43.Cattle Census
44.Restitution and Redemption of Mortgaged Lands Act
45.Evacuee Property Displaced Persons Law (Repeal) Act
46.Residual Work of the defunct Settlement and Rehabilitation Department

Legislative Framework


There are several Laws and Acts that deal with the land, relationship between landlord and tenants, mortgagor and mortgagee, assessment and collection of land tax, agriculture income tax, local rates, and land acquisition for public purposes.

Main Acts Administered By The BOR

1. Land Revenue Act 1967: This Act was passed during the one-unit times but has been adopted and amended by all of the provinces together with the necessary changes. It deals with the issues of record of rights and land revenue. The Land Revenue Act was revised in 1967 having 15 Chapters and 184 Sections.

2. NWFP Tenancy Act 1887: All the provinces have adopted this Act. It deals with the relationship of landlord and tenants regarding produce of land and ejection of tenants due to non-payment of rent or produce by the tenant to the landlords. It is the only legislation which deals with various aspects of tenancy rights in Pakistan.

3. Pre-Emption Act: This law has become operative by revenue department after promulgation of para-25 of the Martial law Regulation (MLR-115) in 1972 which has given the first right of pre-emption to a tenant. Normal cases of pre-emption of land are dealt with by the civil courts. The revenue courts entertain only those cases in which a tenant brings a pre-emption suit. Pre-emption laws give certain preferential rights to neighbours in matters of sale of land.

4. Land Acquisition Act: This act deals with acquisition of land needed for public purpose and determining the amount of compensation to be paid on account of such acquisition. Whenever any land is acquired by the government for any public purpose or by a company, the proceedings are undertaken by the District Collector under the jurisdiction of this Act.

5. Registration Act 1908: This act deals with the registration of various documents (including those relating to land) with registration authorities. Normally revenue officers are declared as registration authorities. Under this act various documents are executed and registered in the office of Sub-Registrar like sale deeds, mortgage deeds, lease deeds, power of attorneys, partnership deeds, and other deeds. Deeds are entered in the relevant registers after the documents are properly stamped, checked and duly witnessed.

6. Land Consolidation Act 1960: In order to achieve better agriculture yields, the government has passed a law known as Land Consolidation Act 1960. The purpose of this act is that with the consent of the land owners, exchange of land takes place in a consolidated shape. It provides law relating to consolidation of holdings and the matter incidental thereto.

7. Transfer of Property Act 1982: This act deals with the transfer, sale/mortgages charges, leases exchanges, and actionable claims in respect of property. This is very important piece of legislation in terms of disputes, but is normally ignored in land matters.

8. Land Reforms Act: The Land Reforms Laws have been introduced at various stages including the MLR-64 on 7.2.1959, MLR-115 on 12.3.1972 and Land Reforms Act: II on 5.1.1977. The main aim of these land reforms was to determine the individual holdings to a manageable size for improving the lot of peasantry. This act gives rights to ‘tenant-in-possession’ of a certain property. Several rules and manuals are also available in order to implement above acts. These include:

1.Land Revenue Rules
2.Settlement Manual Rules
3.Land Record Manual
4.Land Administration Manual
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