are categorized in 4 types as follows:
lands and rangelands
rehabilitated by individuals or companies as ruled by Islamic competent
courts for their repatriation
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
One representative from Ministry of Interior
One representative from Ministry of Jihad -e-
One representative from
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
3) Identify competent applicants and ceiling of loans and
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
5) Agriculture activities should lead to maximum use of lands for
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
7) Cultivation must be based on the community needs and
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
Authorized representative of Ministry of Agriculture
representative of Ministry of Justice
representative of Ministry of Interior
Authorized representative of Ministry of Jihad – e – Sazandegi
Article 8) All
and every laws inconsistent with the present law is hereby annulled.
9) The present law replaces the Land Transfer and Reclamation Law
ratified in 1979.