Gilgit-Baltistan Land Reforms Act, 2024.

To provide an efficient mechanism for utilization of land for the benefit of people of Gilgit-Baltistan by conferring propriety rights to the people of Gilgit-Baltistan over the partible land of Gilgit-Baltistan..

WHERE AS The Government of Gilgit Baltistan is committed to uplift social and economic development by extending access to the various residents of Gilgit-Baltistan especially by giving them their equitable rights in the usable lands,

AND WHERE AS it is imperative to align the land utilization mechanisms for efficient utilization of available land for the ultimate benefit of the people of Gilgit- Baltistan and matters connected therewith and ancillary thereto;

It is hereby enacted as follows: -

CHAPTER I

PRELIMINARILY

1. Short title, extent and commencement. — (I)This Act shall be called the Gilgit-Baltistan Land Reforms Act, 2024.

(II) It extends to the whole of Gilgit-Baltistan.

(III) It shall come in to force at once.

CHAPTER II

DEFINITIONS

2. Definitions. —In this Act, unless there is anything repugnant in the subject or context, —

“Assistant Collector” means Assistant Commissioner of a Sub-Division appointed by the Government of Gilgit-Baltistan;

“Board of Revenue” means the Gilgit-Baltistan Board of Revenue established under the Gilgit-Baltistan Board of Revenue Act, 2011;

“Collector” means the Collector of a district as appointed under West Pakistan Land Revenue Act, 1967 (XVII of 1967) and includes Deputy Commissioner of a District and Settlement Officer vested with the powers of Collector by the Government;

“Commissioner” means the Commissioner appointed under the West Pakistan Land Revenue Act, 1967 (XVII of 1967);

“ETI” means Economic Transformation Initiative Gilgit-Baltistan;

“forest” means any natural forest or land earmarked for forest in the relevant Revenue Record or record of Forest Department Gilgit-Baltistan. The special provisions under sub-section 9 of section 3 of the Gilgit-Baltistan Forest Act, 2019 shall apply to the private forests.

“Government” means the Government of Gilgit-Baltistan;

“Government Land” means land which has been allotted to or acquired or purchased, or leased by, or in possession of the GB Government or any Federal Government departments, institutions or authority or which has been entered in the revenue record of the settled district in the name of the Government or any Federal Government department, institution or authority:-

“Haqdaran-e-Arazee” includes permanent residents of a Haqdar Mouza or Vellage, who are entitled for a share in the Partible Land in accordance with the applicable customary laws;

“Haqdar Mouza or Village” means a Mouza or Village whose permanent residents are entitled for a share in any specific parcel of Partible Land;

“Impartible Land” means the land which cannot be apportioned to any individual and includes, —

natural forests, rivers, lakes, nullahs, streams, glaciers, ponds, common wells and their pathways to the extent determined by the District Land Apportionment Board;

mountains, uninhabitable high-altitude seasonal pastures, and the area which is unapportionable under any specific provision of law or regulation for the time being in force;

roads, thoroughfares, playgrounds, graveyards, places specified for religious worships and congregation, archeological and heritage sites, and places specified for common use;

area identified for collective benefit of people in a partible land before its apportionment by the District Land Apportionment Board;

Government Land; and

A partible land or any part thereof, which is so designated by the Gilgit-Baltistan Land Apportionment Board on the recommendations of District Land Apportionment Board through the divisional forum to be reserved as impartible land owing to its peculiar value for the collective benefit of the people or for public purpose or which may cause ecological or environmental disaster if apportioned;

“Lambardar” or “Numbardar” means a person who has been appointed as Lambardar or Numbaradar under the provisions of West Pakistan Land Revenue Act, 1967 and also includes Trangfas, where applicable;

"Local settler" means a permanent resident of Gilgit-Baltistan who has migrated from a Mouza or Village where his forefathers lived and possessed lands to a new Mouza or Village of Gilgit- Baltistan;

“Mouza” means any estate for which a separate record-of-rights has been prepared or which has been separately assessed for land revenue or which the Board of Revenue may, by general rules or special order, declare to be a Mouza;

“Partible Land” includes,—

barren or undeveloped land including Dass and Thang which is not owned or occupied by any person, or apportioned by the Government; or

partially occupied, apportioned, or developed land which lacks legal or customary legitimacy for its occupation, apportionment, or development as decided by the Collector; or

culturable waste land and other naturally occurring usable land which is not in the legitimate ownership of any person, which if developed, does not induce any natural calamity or cause ecological, geological or natural disorder; or

Impartible land or any part thereof, which has been identified as Partible Land by the Gilgit-Baltistan Land Apportionment Board on the recommendation of District Land Apportionment Board and divisional forum under this Act; or

erstwhile Khalisa Sarkar Land as entered in the revenue records except the land which is in the legal and rightful possession of, or recorded in the name of, any person, or Government or any Federal Government department or institution or authority;

“Permanent resident” means a person who has descended in patriarchal lineage from the forefathers who lived permanently and possessed lands in any Mouza or Village of Gilgit-Baltistan and is authenticated as such under the customary laws;

“Revenue record” means the record of rights prepared for any estate or Mouza as defined in the West Pakistan Land Revenue Act, 1967;

“Settled District” means a District for which record of right as defined in the West Pakistan Land Revenue Act, 1967, has been prepared;

“Settlement Officer” means an officer appointed by the Government to perform functions of a Settlement Officer;

“Tehsildar” means a Revenue Officer as defined in West Pakistan Land Revenue Act, 1967;

“Unlawful occupant” means a person who has occupied any land in the partible land in contravention of any law or rules in settled districts and applicable local customs in unsettled districts;

“Unlawful seller” means a permanent resident of Gilgit-Baltistan entitled to a share in certain partible land who has sold any parcel of the partible land to any person or institutions in contravention of legal authority or customary right;

“un-settled districts” means the districts of Gilgit-Baltistan for which records of rights as defined under the West Pakistan Land Revenue Act, 1967 has not been prepared;

“Village” means a specific geographical area having certain boundary and specific name wherein distinct group of people reside and who share common customs and they have uniform or proportionate rights in the resources of that area; and

“Village Verification Committee” means a committee authorized under this Act to compile and verify the list of Haqdaran-e-Arazi of a Haqdar Mouza or Village.

CHAPTER III

AUTHORITIES, COMPOSITION AND FUNCTIONS

3. Gilgit-Baltistan Land Apportionment Board.—(1) The Government shall, constitute a Gilgit-Baltistan Land Apportionment Board, herein after referred to as GBLAB. GBLAB shall inter alia perform following functions, namely: -

issue policy guidelines to the District Land Apportionment Boards for the apportionment of partible lands among the Haqdaran-e-Arazee of the respective Haqdar Mouza or Village.

review, approve, refer for amendments, or reject apportionment plans submitted by the District Land Apportionment Boards through divisional forums, and perform all other functions as provided under this Act; and

remove any difficulties in formulation or implementation of the apportionment plan for any or all Partible lands.

(2) The GBLAB shall comprise of the following, namely: -

(i)

Chief Minister

Chairman

(ii)

Such Assembly members as may be nominated by the Speaker

Members

(iii)

Secretary Planning and Development Department

Member

(iv)

Senior Member Board of Revenue

Member/Secretary

(v)

Divisional Commissioner Concerned

Members

(vi)

such other members as may be coopted by the Chairman

Members

(3) The Senior Member Board of Revenue shall also act as the Secretary of the GBLAB.

(4) The provisions regarding quorum, procedure of meeting, agenda distribution and such other related matters shall be such as may be determined by the Chairman GBLAB.

4. District Land Apportionment Board. — (1) There shall be a District Land Apportionment Board, hereinafter referred to as DLAB, for each District which shall prepare a draft apportionment plan of partible lands under the policy guidelines issued by the GBLAB. The District Land Apportionment Board shall comprise of the following, namely: -

Deputy Commissioner/Collector

Chairman

Concerned members of Assembly

Members

Elected Head(s) of Local Government, if applicable

Member(s)

Assistant Commissioner/Assistant Collector

Member

ADC/Assistant Commissioner (Implementation)

Member

such other members as may be coopted by the Chairman

Member

(2) The ADC/Assistant Commissioner (Implementation) shall also act as the Secretary of the DLAB.

(3) The provisions regarding quorum, procedure of meeting, agenda distribution and such other related matters shall be such as may be determined by the Chairman DLAB.

(4) The DLAB may, for the purpose of preparation of apportionment plan or any matter connected thereto, requisition the services of any Government department, institution or authority within the district, or private organizations, subject to the necessary financial and administrative approval.

5. Divisional forum for apportionment plans. — (1) The Commissioner shall constitute a divisional forum comprising of concerned divisional heads of departments or any other persons to examine and recommend the apportionment plans for every Partible Land in the concerned Division to the GBLAB.

(2) The composition, terms of reference and procedures of the forum shall be such as may be determined by the Commissioner in consultation with the Senior Member Board of Revenue.

CHAPTER IV

DETERMINATION OF HAQDAR MOUZA OR VILLAGE

6. Determination of Haqdar Mouza or Village. —(1) For every specific Partible Land, there may be one or more Haqdar Mouza or Village, whose Haqdaran-e-Arazee shall be entitled for a share therein.

(2) The Collector concerned, shall submit the proposed Haqdar Mouza or Village for each Partible Land, along with the details of groups of permanent residents of the Village or Mouza having legal or customary rights for the approval of the Commissioner.

Explanation: For the purpose of section 6 (2), 7(2) and 9 (iii), “groups of permanent residents” refers to family, tribe, baradari, haitii or any other term defining a collectivity of permanent residents of a village or mouza having distinct identity and sharing common legal or customary rights in the partible land.

7. Procedure for determination of Haqdar Muza or Village.— (1) Each parcel of Partible Land including adjacent smaller parcels, within every tehsil of a district shall be identified, measured and given a distinctive name.

(2) The Assistant Collector shall, on a format prescribed by the Board of Revenue, determine the Haqdar Mouza or Village along with the details of groups of permanent residents having legal or customary rights and submit the same for perusal of the Collector.

(3) The Collector after due consideration, shall issue preliminary notifications determining the Haqdar Mouza or Village for every specific Partible Land within his jurisdiction. The Collector shall cause the preliminary notification to be displayed at the Collector’s Office, Assistant Collector’s offices, tehsil offices and at conspicuous places within the concerned Haqdar Mouza or Village and invite objections thereon. The objections may be submitted to the Assistant Collector within thirty days from the date of preliminary notification.

(4) The Assistant Collector shall receive objections within thirty days of issuance of preliminary notification under sub-section (3). He shall hear the objections, carryout inquiry into the matter where required and submit report containing findings and recommendations alongwith the record of proceedings held by him and objective response on the objections to the Collector within a period of thirty days after expiry of period mentioned in sub-section (3).

(5) The Collector shall examine the report and formulate recommendations on the matter or if deems appropriate refer it back to Assistant Collector for further inquiry within stipulated time and take a decision there after. However, the Collector shall conclude findings within a period not exceeding ninety days.

(6) The Collector shall submit recommendations on the case along with the record of the proceedings held by him and a report containing recommendations on the objections, if any, for the decision of the Commissioner.

(7) The Commissioner shall peruse the case submitted under sub-section (6) and approve it, if deemed appropriate or return it to Collector for any information or correction. The Commissioner shall, however, finalize his decision and issue final notification determining Haqdar Mouza or Village for every specific Partible Land within a period not exceeding ninety days.

(8) Any person aggrieved by the decision under sub-section (7), shall prefer review before the Commissioner within fifteen days of issuance of the final notification. The Commissioner shall decide the review application within a period not exceeding forty-five days.

(9) The appeals against the decision or review of the Commissioner shall be preferred before the Board of Revenue within thirty days, whose decision shall be final. The Board of Revenue shall decide the matter within a period not exceeding ninety days.

CHAPTER V

HAQDARAN-E-ARAZEE

8. Haqdaran-e-Arazee.— (1) The Village Verification Committee, as provided in section 10, shall prepare and verify the list of the Haqdaran-e-Arazee for the concerned Haqdar Mouza or Village based on the legal or customary rights.

(2) Every Haqdar-e-Arazee shall be entitled to uniform rights in respective Partible Lands, therefore, any unlawful occupier shall be dealt with under this Act. His share, if found in excess of area apportionable to him under the apportionment plan, shall be deducted from his apportionable share and apportioned to all rightful individuals on proportionate basis.

(3) The unlawful seller shall also be dealt under this section in the same manner as unlawful occupier.

(4) The local settlers shall not be include among the Haqdaran e Arazi of the village or Mouza of temporary/lateral residence, rather he shall be included in the Haqdaran e Arazee of Haqdar Mouza or Village of their origination only.

9. Composition of Village Verification Committee. —The Village Verification Committee shall comprise of the following, namely: -

(i) concerned Tehsildar or NaibTehsildar Secretary

(ii) all Lumardars or Numbaradars of Village or Mouza Members

(iii) notables to be notified by the Collector from amongst

the groups of permanent residents of the Haqdar Mouza

or Village having rights in concerned Partible Land Members

10. Procedure for determining Haqdaran-e-Arazee for Haqdar Mouza or Village.—(1) After the issuance of final notification under sub-section (7) of section 7,the Collector shall notify a Village Verification Committee under section 8 for every Haqdar Mouza or Village. Every Village Verification Committee shall prepare list of all persons to be included in the Haqdaran-e-Arazee for the respective Haqdar Mouza or Village as per the provisions of this Act.

(2) The concerned Assistant Collector shall forward the details of Haqdaran e Arazee for Haqdar Mouza or Village duly signed by concerned Village Verification Committee to the Collector.

(3) The Collector shall peruse the details of Haqdaran-e-Arazee and if deemed appropriate, approve it or refer it back to the Village Verification Committee through Assistant Collector concerned for any information or correction. The Collector, in any case shall finalize and issue preliminary notification of Haqdaran-e-Arazee for every Haqdar Mouza or Village within a period not exceeding sixty days.

(4) The Assistant Collector shall cause to display the notification issued under sub-section (3) at a conspicuous places within the tehsil and concerned Haqdar Mouza or Village inviting the objections. The objection shall be submitted to the Assistant Collector concerned within a period of fifteen days of issuance of the notification. The Assistant Collector shall hear objections if any, enquire into the matter, if required and submit his inquiryreportalongwithhisrecommendationsforthedecisionofCollectorwithina period not exceeding forty-five days.

(5) The Collector shall peruse the case submitted under sub-section (4) and decide the matter after due consideration or refer it back for any correction. The final list of Haqdaran-e-Arazee shall be notified by the Collector within a period not exceeding forty-five days.

(6) Any person aggrieved by the notification issued under the sub-section (5) may prefer appeals before Commissioner within a period not exceeding thirty days.

(7) In case any party is aggrieved by the decision of Commissioner, it may prefer the second appeal before Board of Revenue within a period not exceeding ninety days of issuance of the notification or fifteen days of the decision of Commissioner, whichever is earlier.

CHAPTERVI

APPORTIONMENT PLAN

11. Apportionment plan. — (1) The Partible Lands may be apportioned among Haqdaran-e-Arazee of Haqdar Mouza or Village under District Apportionment Plan to be prepared by DLAB for each Partible Land duly, in accordance with the policy guidelines issued by the GBLAB. The apportionment plan shall include the following, as per the format determined by the Board of Revenue, namely: -

(i) GIS based map or map drawn under an appropriate scale on any prescribed format for every Partible Land;

(ii) bifurcation of entire Partible Land into apportionable and unapportionable portion of the land;

(iii) details pertaining to each Partible Land like name, location, area of apportionable and unapportionable land, number of Haqdaran-e-Arazee with proportionate rights;

(iv) detailed land use plans for apportionable and unapportionable land in view of policy guidelines issued by the GBLAB and keeping in view the proposed classification of land based on the Master-plan if any, its geographic position, local customs, present and future social, developmental, and geological considerations;

(v) earmarking of the unapportionable land on the maps as described under clause (i) and indicating proposed plans for roads, channels, schools, parks and other infrastructures or free land or common land for any present or future utility of the people;

(vi) proposed apportionment of the land apportionable to Haqdaran e Arazee on equitable basis in accordance with the provisions of this Act;

(vii) easement plan for effective use of apportionable land;

(viii) conditions and restrictions on land use specific for each parcel of apportionable land in adherence to directions of the GBLAB; and

(ix) any other requirement proposed by the Board of Revenue on the directives of the Government.

(2) The apportionment plan prepared under sub-section (1) shall be submitted to Commissioner for approval.

(3) The Commissioner shall convene the meeting of Divisional Forum constituted under section 5 to examine the apportionment plans. The forum may recommend the Plans, or refer to the DLAB concerned for changes, or corrections.

(4) In case of any difficulty in finalizing, the apportionment plan pertaining to any Partible Land or in case of any proposal for change in the apportionment plan, the matter shall be placed before the GBLAB through Board of Revenue. The decision of GBLAB shall be final.

CHAPTERVII

TITLE AND OWNERSHIP OF APPORTIONABLE LAND

12. Title and ownership of apportionable land.— After the approval under section 11,the Collector shall proceed to apportion the land parcels as finalized in the apportionment plan and grant rights over the land parcel to the concerned Haqdar-e- Arazee.

(2) The Collector may prefer customary practices for apportionment of land to Haqdar-e-Arazee or adopt the procedure determined by the Board of Revenue.

(3) The Haqdar-e-Arazee concerned shall be bound for the use of apportioned land in accordance with the terms and conditions determined by the Board of Revenue with the approval of Government duly mentioned in the agreement to be signed by the Haqdar-e-Arazee concerned and Tehsildar concerned.

(4) Every Haqdar-e-Arazee shall be given a Sanad-e-Milkiyat duly signed by the Collector on a specific format to be prescribed by the Board of Revenue which shall be the valid document to determine the legal ownership of the land. The Sanad-e-Milkiyat shall clearly outline the conditions and restrictions imposed by Board of Revenue concerning land use and related transactions.

(5) The Collector shall have the power to cancel the Sanad-e-Milkiyat, if the conditions and restrictions as described under sub-section (3) and (4) are violated.

(6) Any Haqdar-e-Arazee aggrieved by an action under sub-section (5), may prefer an appeal before the Commissioner within a period of thirty days.

(7) In case any party is aggrieved by the decision of Commissioner, it may prefer the second appeal before the Board of Revenue within a period not exceeding sixty days of order under sub-section (5) or fifteen days of the decision of Commissioner, whichever is earlier.

(8) An entry may be made in the record of right, if all the conditions outlined in the Sanad-e-Milkiyat have been met and same have been verified by concerned Assistant Collector.

CHAPTERVIII

BARREN LANDS DEVELOPED BY ETI

13. Barren lands developed by ETI. — Lands developed under ETI program shall qualify for apportionment to the grantee concerned under the provisions of this Act provided the persons concerned fulfill the policies laid down by the ETI.

(2) All those grantees of land who have qualified the conditions for development of any parcel of land under ETI program shall be given Sanad-e-Milkiyat duly signed by Collector for such land as per policies of the ETI. The Sanad-e- Milkiyat shall outline the conditions for land use as fixed by the GBLAB in the sub-sections (3) to (5).

(3) The GBLAB may fix certain conditions for the use of lands developed through the ETI program in view of agricultural demands of the area. The conferment of ownership of land to the grantees through ETI program shall be subject to such conditions.

(4) The violations of the conditions outlined in the Sanad-e-Milkiyat shall result in cancellation or withdrawal of the Sanad-e-Milkiyat by issuing authority.

(5) The aggrieved person may prefer an appeal before the Commissioner within a period of thirty days.

(6) In case any party is aggrieved by the decision of Commissioner, it may prefer the second appeal before Board of Revenue within a period not exceeding sixty days of order under sub-section (4) or fifteen days of the decision of Commissioner, whichever is earlier.

CHAPTER IX

GENERAL PROVISIONS

14. Local customary rights. — (1) The local customary rights shall be given due consideration while determining Haqdar Mouza and Haqdaran-e-Arazee for any Partible Land and its apportionment.

(2) Notwithstanding anything contained in any other law for the time being in force, the mutual settlement of boundary issues and issues pertaining to determination of Haqdaran-e-Arazee or Haqdar Mouza or Village shall be encouraged and facilitated by the Collector through Alternate Dispute Resolution methods provided that the interests of the Government are not compromised.

(3) The water source for any partible land shall be selected in a manner that does not affect the existing and legitimate water rights of any Haqdarane e Arazi.

15. Ejectment of unlawful occupants through summary trial.—The Collector may, after giving fifteen days notice, summarily eject any unlawful occupant who is in unlawful occupation of any land and may for such ejectment use such force as deem appropriate under the applicable law.

16. Under trial cases of land disputes (Dasses/Thangs) in courts of law.— (1) The Government shall constitute a Committee comprising the notables of a particular region where such dispute lies to resolve the issue through Jirga process under the Chair of Collector, Commissioner or Board of

Revenue, as the case may be, for resolution of land or boundary disputes at intra district, inter district, inter Division level respectively.

(2) Notwithstanding anything contained in any other law for the time being in force the cases under trial in any court of law may be resolved through the Committee mentioned in sub-section (1), with the mutual consent of the parties. In case the issue is resolved the petitioner in court of the concerned case shall withdraw the case within seven days. In case of failure to do so the decision of the Committee may be submitted to the Court by the representative of the Government for decision in accordance with decision of the Committee.

CHAPTER X

MISCELLANEOUS

17. Indemnity. —(1) Any officer or authority performing function bona fide under this Act shall not be liable for such actions in any court of law. No suit shall lie against any such officer or authority for anything done bone fide under this Act.

18. Bar on jurisdiction. —Notwithstanding anything contained in any other law for the time being in force the civil courts shall not have jurisdiction in any matter decided by any authority or officer under the Act and it shall not take cognizance of the manner in which the Government, any authority or officer exercises any power vested in it or in him by or under this Act.

19. Powers to make rules. —The Board of Revenue with the prior approval of the Government may make rules for the purpose of carrying into effect the provisions of this Act.

20. Repeal and savings. —(1) On the commencement of this Act the Northern Areas Nautore Rules,1978-80 and all preceding Nautore Rules shall stand repealed.

(2) Notwithstanding the repeal as mentioned in sub-section (1), all actions taken, documents issued or signed, instruments made and acted upon shall deemed to have been validly done, issued or signed made and acted upon and shall not effected by the aforementioned repeal.

Statement of Objects and Reasons: -

The Government of Gilgit-Baltistan is committed to resolve the long-lasting issue of land reforms in Gilgit-Baltistan by providing an efficient mechanism for land utilization for the benefit of people of Gilgit-Baltistan by conferring propriety rights over the partible lands equitably and justly through legislation throughout Gilgit-Baltistan. Government of Gilgit Baltistan is further committed to uplift social and economic development by extending access to the residents of Gilgit-Baltistan to resources, especially by giving them their equitable rights in the useable lands.

It is imperative to align the land utilization mechanisms for efficient utilization of available land for the ultimate benefit of the people of Gilgit- Baltistan and matters connected therewith and ancillary thereto.

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