Amendment of Land Transfer and Reclamation Law (1980)
 

Article1) Lands are categorized in 4 types as follows:

  1. Barren lands and rangelands
  2. Lands rehabilitated by individuals or companies as ruled by Islamic competent courts for their repatriation
  3. Uncultivated lands
  4. Cultivated lands

Article 2) Lands mentioned in types A & B above, belong to the government.

Government can with due consideration to social situations and capacities of applicants, transfer the management rights to individuals and companies or allocate it for charitable activities. Regarding lands mentioned in type C, the government shall, based on regulations that will apply to lands in type D, give the owners due priority for the rehabilitation of their lands. In case of negligence, the government will reserve the right to transfer the lands to qualified individuals for agricultural activities.

Article 3) Installations located in these types of lands shall be dealt with as follows:

A)    Agricultural installations:

If the owner uses parts of the installations, he/she can possess that part based on regulations to be formulated for Para D and the rest will be transferred to the farmers.
However, if the owner does not use any parts of the installations at all, it will be given to the farmers in lieu of its value after deduction of taxes and debts of owner.

B)    Other installations not related to agriculture activities such as houses, garages and pens etc. shall remain in the hands of the owner.

Article 4) As for the lands mentioned in Para D, if the owner is personally engaged in agriculture activities, he/she can retain some parts of the land that is necessary for his/her subsistence, and if the owner is not personally engaged in agriculture activities for subsistence, maximum two times of the land size necessary for his/her subsistence, will be given to him/her and the rest will be divided among farmers without agriculture lands.

Note 1) If there are lands of type A, B and C available in the region or vicinity of it, they could be transferred to farmers. However in case of more demand it is possible to transfer lands of type D to applicants.

Note 2) Land belonging to cattle breeding holdings are not subject to article 4.

Note 3) Agro-industry complexes are exempt from this article and should be transferred to farmers in form of cooperatives.

Article 5) A Land Transfer Committee is established consisting of 7 members with the composition as follows:

1)      Two representatives from Ministry of Agriculture

2)     One representative from Ministry of Interior

3)     One representative from Ministry of Jihad -e- Sazandegi

4)    One representative from Islamic Ruler

5)    Two representatives from village confirmed by Islamic Ruler

 

 

 

Scope of Responsibilities:

1)      Investigate and settle down cases arising from the implementation of the present law

2)      Transfer lands to applicants based on the provisions of this law.

3)      Identify competent applicants and ceiling of loans and facilities.

 

Article 6) Norms for Land Transfer

1)      Priority is given to farmers without agriculture lands, university graduated and to other interested individuals respectively.

2)      Transfer period can be renewed on the basis of regional conditions or desirable performance of the applicants.

3)       Transfer can be made to companies, cooperatives or individuals based on the decision of Land Transfer Committee.

4)      The land should not be left uncultivated without logical excuses.

5)      Agriculture activities should lead to maximum use of lands for agriculture.

6)      The lands transferred, can not be sold, leased or transferred to a third party except in cases authorized by the government specified in article 4.

7)      Cultivation must be based on the community needs and requirements.

Article 7) Ministry of Agriculture should establish a committee for implementation of this law in head quarters composed as follows:

1)      Authorized representative of Islamic Ruler

2)     Authorized representative of Ministry of Agriculture

3)    Authorized representative   of Ministry of Justice

4)    Authorized representative   of Ministry of Interior

5)    Authorized representative of   Ministry of Jihad – e – Sazandegi

Article 8) All and every laws inconsistent with the present law is hereby annulled.

Article 9) The present law replaces the Land Transfer and Reclamation Law ratified in 1979.

 

 

 

 

 

 

 

 

 

 

 

 

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