KARACHI, Aug 2: Mutual suspicion and misgivings persisted between representatives of haris (peasants) and landlords, especially over the Taqawi loans issue, at the fourth meeting of the Sindh Assembly’s Select Committee held here on Thursday to formulate proposals for amendments to the Sindh Tenancy Act (STA).

The meeting, chaired by Anwar Mahar, discussed introduction of reforms in the age-old relationship between haris and landlords for bringing it in conformity with the evolving ground realities.

It emerged from the proceedings that impediments in most cases stemmed from the non-payment of Taqawi (advance) loans often acquired by haris or their forefathers from their respective landlords.

Speaker of the Sindh Assembly Syed Muzaffar Hussain Shah, who attended the second session, observed that the purpose this meeting was to propose amendments to the STA in order to make it just and fair for either side and ensure the landlord-tenant relationship streamlined on the basis of equality.

Under the Sindh Tenancy Act, a “hari” is not an ordinary labourer or workman within the meaning of the Industrial Relations Ordinance or the Standing Order. He is a partner/co-sharer in the produce with the “zamindar”. The Act says that a Mukhtiarkar is required to maintain the record of tenants and tenancies.

It was observed in the meeting that most Mukhtiarkars did not maintain proper records and this created tensions between the two parties involved in a dispute.

The committee was also seized with a judgment given by Justice (retd) Zahid Qurban Alvi of the Sindh High Court who ruled that it was obligatory upon the Mukhtiarkar to make such entries periodically and update the record regularly.

The judgment states that disputes between haris and landlords should be adjudicated, decided and determined by a judicial forum, more appropriately by conferring powers of a ‘tenancy tribunal’ on a civil judge and/or a judicial magistrate as the case may be, instead of a Mukhtiarkar.

Appeal against the order of such a tribunal may be provided to the district judge concerned. The revision jurisdiction may be conferred on the high court concerned.

Some of the participants held the view that government’s intervention in the settlement of such matters should be minimised and the matter should be settled according to ‘rivaj’ (custom of the land). However, some other participants stressed the need for ‘Arbitration Act’ to settle such matters, arguing that the nature of relationship between haris and landlords had undergone a drastic change. They noted that the problem of disputes over Taqawi loans was an issue many other countries were faced with. By drawing on the experience of others, the form of tenancy should changed to introduce an agreement on a ‘crop-to-crop basis’.

Some participants criticised the role of the NGOs in this regard, observing that they were tarnishing the image of landlords who, according to them, took care of their haris in distress. Concern was also expressed about the problems being faced by landlords, especially in lower Sindh, in the recovery of Taqawi loans from nomadic haris.

National coordinator on bonded labour for the Society for the Protection of the Rights of Child proposed clause-wise amendments, claiming that Article 22 and 25 of the Tenancy Act legitimised ‘begar’ (bonded labour) and were in conflict with the Article 11 of the Constitution. He also objected to the laws which discriminated against minority community.

The sharp disparity existing in the standard of living maintained by haris and landlords was also mentioned, and it was observed that even the existing laws were not followed otherwise the lot of haris would have improved.

Had the land reforms been across the board and in good faith, these problems would not have surfaced.

The meeting was told that the landlord-tenant relationship was customary in this province since the inception of Sukkur Barrage. Tenants took Taqavi loans from landlords and worked as haris and in case of a dispute, the matter was referred to the tribunal under the Sindh Tenancy Act.

The amendments proposed by the NGO representative suggest that a tenant should be deemed a permanent tenant even if all installment of the land purchased from government have not been paid by the buyer; and even if he has annually cultivated one acre or more land of the same landlord for three months.

A hari should be called ‘inherent hari’ even if the land has been taken from the government on lease. The consent of landlord should not be necessary for transferring the right of tenancy at some other part or parcel of the land of the same landlord.

Compensation be paid to the tenant if the landlord chooses to evict him. The amount of compensation should be Rs10,000 per acre; or the value of the share of tenant in the most productive crop within four years; or 25 per cent share of the value of the land from which he is being evicted or any one of those which has the highest value.

Many participants of the meeting expressed their reservations over the word ‘landlord’ for landlord, suggesting that it created an impression that feudalism was still in vogue in Sindh though it had been abolished during the Ayub Khan/ Z.A. Bhutto era.

The provision of granting right of claims to the tenant, who has cultivated the agricultural land of same survey number for two years is highly detrimental to the landlords because in such a situation no landlord would be willing to employ a hari on his land, according to some participants, who were of the view that it was also not beneficial to haris because it could cause unemployment. The meeting was told that this provision amounted to giving ownership to haris. It was also contended that provision of allocating every time the fixed survey numbers of agriculture land to the particular tenant was not in conformity with the modern agriculture practices.

The Sindh Abadgar Board suggested that in case of a tenant’s absence for more than one year, the landowner should be free to select any other tenant.

Members of the committee included Anwar Ahmad Khan Mahar (chairman), Jam Mehtab Hussain, Syed Ali Mardan Shah, Haji Munawwar Ali Abbasi, Haji Pir Bux Junejo, Jam Madad Ali, Syed Jalal Shah Jamot, Mir Naseer Khan Khoso, Syed Talib Imam, Poonjo Mal, Ms Sharfunnisa Leghari and Ms Nuzhat Pathan.

The committee, which has heard many experts, would meet again on Friday for clause-by-clause deliberation.