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Article1) Lands are categorized in 4 types as follows:
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Barren lands and rangelands
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Lands rehabilitated by individuals or companies as ruled by Islamic competent courts for their repatriation
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Uncultivated lands
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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) ALand 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 lawsinconsistentwith 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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Conservation and Protection of Forests and Natural Resources Law (1992)
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Article1)As of the date of approval of this law, the tree species including Buxus hyrcanus, Cupressus sempervirens, Taxus Baccata, Thuja orientalis, Populus caspica, Rhizophora mucranata, Avicennia marina, Juniperus sp., Corylus avellana, Olea europaea, Pistacia sp., Astragalus sp., Dalbergia sissoo, Juglans regia and Amygdalus sp. are throughout the country as forest reserve and their cutting is prohibited.
Note 1)Ministry of Jihad – e – Sazandegi should identify place of origin of these species and submit the violators to the courts.
Note 2) Ministry of Jihad – e – Sazandegi might issue permit for the cutting of these species in case of technical issues and for the development of other species.
Note 3) Violators of this law shall be fined for the damages and sentenced to 1-6 months imprisonment and payment of cash penalties equivalent to 1.5 times of the price per tree by Ministry of Jihad – e – Sazandegi and in case of repetition of the violation, they will be sentenced to maximum punishment.
Note 4) Forest and Range Organization is entitled to receive 30 percent of revenue arising from cash penalties collected from the violators, deposited in an account in the Treasury and pay discovery right to FRO personnel, reporters and police officers on the base of relevant regulations.
Note 5) In case ofcollaboration of FRO personnel, and police officers with violators they will be sentenced to maximum punishment on the base of relevant regulations.
Article 2) Ministry of Jihad – e – Sazandegi is entitled to determine national resources from the private estates mentioned in article 2 of Forests and Rangelands Nationalization Law in accordance with the Conservation and Protection of Forests and Natural Resources Law and after 6 months of written notice or advertisement in the widely circulated newspapers and one of the local newspapers, Documents and Real Estates Registration Organization should, upon the notification of Ministry of Jihad – e – Sazandegi, issue title deeds in the name of government of I.R. of Iran.
Note 1)Claimants can, after written notice or advertisement of Ministry of Jihad – e – Sazandegi, submit their requests with justifiable proofs to the Committee for Settlement of Issues Related to Disputed Lands as referred in article 56 of Forests and Rangelands law ratified in 1988 by the Islamic Consultative Parliament. The issue of title deeds in the name of government of I.R. of Iran will not prevent the claimants to refer and file a suit in the above mentioned committee.
Note 2) The expression “Ministry of Agriculture“mentioned in the Para under Committee for Settlement of Issues Related to Disputed Lands as referred in article 56 of Forests and Rangelands law ratified in 1988 by the Islamic Consultative Parliament and the note 6 thereof, hereby changes to “Ministry of Jihad – e – Sazandegi” and the committee shall continue its duties as mentioned in article 56 of Forests and Rangelands law.
Article 3) Ministry of Jihad–e–Sazandegi is responsible to prepare directives of this law within 2 months and submit it to the Cabinet for ratification.
This law is comprised of 3 articles and 7 notes that has been ratified by the Parliament in September 1992 and approved by the Guardian Council in October 1992.
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