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Up land laws including bhumidhar with their rights and restrictions.
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ACKNOWLEDGEMENT I would like to express my special thanks of gratitude to my subject teacher ‘Dr. Gulab Rai sir’, who gave me the auspicious opportunity and assisted me a lot in completion of this assignment on the topic, i.e “An Evaluation of Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950” on the subject Public International Law which helped me in achieving lot of new knowledge related to the topic. Secondly, I would also like to thanks to all my friends and family members who helped me in finalizing this assignment.
AN EVALUATION OF UTTAR PRADESH ZAMIDARI ABOLITION AND LAND REFORMS ACT, 1950
The Zamindari system in India was the outcome of British rule. Lord Canning was in fact the mind, who created the landlords. The British conquerors created the Zamindari system for reason of expediency and administrative convenience. The Zamindars were, in fact, a convenient reactionary social base for establishing foreign rule over peasantry and people. Fasli year can be ascertained by deducting between - 1 Jaunuary to 30 June- Years-592 and from 1 July to 31 December- Years-593 from Gregorian Calender. Vesting Order: Section 4 of the Act provided that the vesting of the estates was to take place from such date as the State Government might notify in the Gazette. On 1st date of July, 1952 all the estates of intermediaries vested in the State of Uttar Pradesh. This date is called the "date of vesting".^1 The U.P. Zamidari Abolition and Land Reforms Act,1950 was passed with a view to abolish the British Creation Zamidari System. The name of the act itself suggestions that it was created for abolition of Zamidari System, to reform the law realting to land tenure system and to make provision for other matters connected therewith. The U.P. Zamidari Abolition and Land Reforms Act,1950 (in short UPZALR Act) came into force on January 26, 1951. The UPZALR Act has been divided into two parts. The part one consists with chapters 1 to6. The part two consists with 6 to 12 chapters, seven schedule and 344 sections.^2
The reasons as to why the Zamindari system has been abolished is not given in the Act. However, some of the reasons can be given which are as follows:
The Act provides that all Zamindars (intermediaries) whose rights, title or interest in any estate are acquired are entitled to get compensation. The compensation is to be paid to them equal to eight times of their net assets. In awarding compensation, no distinction is made between the bigger intermediary and the smaller one, between the main Zamindar and the Thekadar and between natural person and artificial person like waqfs, trusts and endowments.
3. Payments of Rehabilitation Grant- Besides the compensation, Act also provides for payment of Rehabilitation grant. Thekadar are not entitled to this grant. Thus, Zamindars paying annual land revenue up to Rs.10, are entitled to both compensation and rehabilitation grant. Compensation is payable at the uniform rate of eight times of the net income (assets), but rehabilitation grant is payable on the graded rates ranging from one to twenty times of the net income. The grant is largest for the low incomes and smallest for those with comparatively large incomes. 4. Cultivating Rights Maintained- It may be noted that “he who cultivates the land should be the owner of it” was the underlined policy of the land law. This policy has been fully enshrined in the act. The Act maintained the cultivating rights of every person, whether he be a Zamindar, a Thekadar a mortgage of an estate ,a tenant or a sub-tenant. Zamindars retained their unlet sir and khudkasht land in the status of tenure holder and become Bhumidhar of such land. Similarly the tenant of sir land and the subtenant become adhivasi. Thus all persons continued to retain possession of the lands they were cultivating. 5. Land-tenure System Simplified- Prior to the enforcement of the U.P. Zamindari Abolition & L.R. Act, there were fourteen varieties of land tenures all complex and bewildering. The Act substituted and classified them into three classes of tenure these were Bhumidhar, sirdar and Asami. Bhumidhar has transferable permanent and heritable right in land. Sirdar’s right is permanent and heritable. Asami had only tenure.Adhivasi- this fourth tenure was short lived , because in October, 1954 all adhivasi were made sirdar. 6. Prohibition of letting-
With the object that the zamindari system may not spread its tentacle again, tenure holders are prohibited from letting out the whole or part of their holdings for any period whatsoever. If tenure holders let his land, his right shall come to an end. Exceptions are however given on humanitarian grounds to persons suffering from mental or physical infirmity or person under legal disability and who are unable to cultivate the land personally. Such persons are woman, minor, idiot, lunatic, blind, student and persons in detention or imprisonment.
7. Prohibition for the Accumulation of land- According to S.154(1) in future no tenure holder with his/ her spouse and minor children can acquire by purchase or gift land the result of which he becomes entitled to land exceeding 12.5 acres in the aggregate. To avoid concentration of land in the hands of a few persons is the principle behind this prohibition. Persons having more than 12.5 acres of land shall retain their holdings but they cannot have any other land by purchase by gift. 8. Prohibition for the Creation of Uneconomic holding- The Act prohibits the court to divide the holding (or holdings) the area of which is 3-1/ acres. Whenever in a suit for division the court finds that the aggregate area of land to be divided does not exceed 3-1/8 acres the court shall instead of proceeding to divide the land direct the sale of the same and distribution of the sale proceeds in accordance with the respective shares of the parties.In 2004 this provision was amended to allow transfer even below the earlier specified limits. 9.Uniform Rule of Succession- The Act removes not only the intermediaries from land law but also the religions. Now on the death of a tenure holder his interest in the holding shall devolve to heirs enumerated U/S. 171 to 175, and not to personal law heirs. This rule of succession is applicable to all the tenure holders, whether he is a Bhumidhar, sirdar or an Asami and whether he is a Hindu a Muslim or a person professing religion other then Hindu and Muslim. 10. Establishment of village Republics- Prior to the enforcement of U.P.Z.A. & L.R.A there were two institutions Gaon Sabhs’s and Gaon Panchayats which were already established under the U.P. Panchayat Raj Act, 1947.
Abolition of zamindari system which involved intermediaries between the tiller of the soil and the State
Acquisition of rights, title and interest of intermediaries.
To reform the law relating to land tenure consequent on such abolition and acquisition.
To make provision for other matters connected therewith. “provision for other matters” includes the allotment of land collection of land revenue the superintendence management and control of estates acquired from the intermediaries.” Introducing the U.P. Zamindari Abolition and land Reforms bill in the Assembly of july 7, 1949, Pt. Govind Ballabh Pant (the then Chief Minister) declared: “The main object of the new land system is to give every one full opportunity for maximum growth and development through personal effort. Distinction of high and low ,superior and inferior ,exploiter and exploited should disappear and all people working together should succeed to taking society and the country forward along the path of progress. The spirit of public hood and Sarvodaya should animate every village in the state so that agriculture may improve in every way and the land may yield twice, and even four times as much as it does today; the entire countryside may look green and prosperous and food grains may be produced and made available for all in abundance.” “The main purpose of the bill is to encourage production to raise standard and to enable every man to produce more than he is producing today and also in a way to induce those who have so far exploited others or lived on the labour of other to produce for themselves. We cannot have any drones in a free India.”^5 The statement of “Aims,Objects and Reasons” of the Uttar Pradesh Zamindari Abolition and land reforms, Bill, which was published in U.P. Gazette (Extraordinary), dated June 10, 1949, is summarized below:-
Abolition of Zamindari system.
The acquisition of intermediaries rights on payment of copensation. (^5) https://hi-in.facebook.com/LLBNOTESFIRSTYEARRELIABLE/posts/object-scope-extent-and-applicability-of-u- p-zamindari-abolition-and-land-reform/1187724104689162/
Before coming into operation of the UP Zamindari Abolition and Land Reforms Act (UPZA&LR) 1950, there were 14 types of tenures. These divisions were very complicated. Therefore, the Act has abolished all the old varity of land tenures and substituted them into four:
c. With effect from July 1, 1981 every person with whom surplus land is or has been settled Section 26 A or sub-section (3) of Section or after the said date. d. In the portion of District Sonbhadra, South of Kaimur Range, every person in cultivator possession of any land, vested in a Gaon Sabhe or belonging to the state government, before June 30, 1978, provided: i. It is not land notified under Section 20 of the Indian Forest Act, 1927. ii. It does not exceed the maximum ceiling area determined under the UP Imposition of Ceiling on Land Holdings Act, 1960 iii. It is not land mentioned under section 132 or section 133 A. e. Every person who in any other manner acquires the right of such a bhumidhar under or in accordance with the provisions of this Act. 8 The UP Zamindari Abolition and Land Reforms (UPZA&LR) (Amendment) Act 1995 inserted section 131 B in the Act. Accordingly every non-transferable rights of bhumidhar who has already completed 10 years or more from the date of allotment of land, the person will obtain transferable right in the land and rest other persons who have got the possession of land later on, shall acquire the bhumidhari and transferable right after the completion of a period of ten years. But, the person who has acquired the bhumidhari transferable right in land by way of sale, shall be further ineligible for the grant of lease of the land vested in Gram Sabha or land declared as surplus in Up Imposition of Ceiling on Land Holding Act,
Asami: The Act provides four classes of persons as Asami. They are as follows: a. Every person who as a consequence of Zamindari abolition became an asami. b. Every person who is admitted by the Land Management Committee by a bhumidhar as a lessee of land. c. Every person who is admitted by the Land Management Committee or the person entitled, as a lessee of land described in Section 132. (^8) Book on Uttar Pradesh Land Law, by R.R. Maurya, Twenty First Edition 2015.
d. Every person who in any other manner acquires the rights of an asami under thus Act or any other law.^9
There are three institutions in the village which are constituted and established under UP Panchayat Raj Act, 1947. In the year 1994 some amendments were made in UP Panchayat Raj Act which brought changes in the powers, rights and duties of the members of these institutions. These three institutions are: gram sabha, gram panchayat and Land Management Committee (LMC) or the BHumi Prabandhak Samiti. 6.1 GRAM SABHA Section 3 of the Panchayat Raj Act provides for the establishment of the Gram Sabha. It is a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Gram Panchayat. It is to be established by the state governement for a village or a grup of villages. The satate government after the amendment in 1994 estan;osjed the gaon sabha on the minimum population of 1000 voters. The gram sabha is a comrporate body having perpetual succession and common seal. Gram sabha has the power to acquires the property by purchase, gift or otherwise. It can hold, administer and transfer the movable or immovable property. It can enter into a contract, may sue or be sued. Section 117 of UPZA&LR Act provides for the vesting of certain lands, etc. in gram sabha. The section empowers the state government to revest all or any of the things mentioned therein in the gram sabha by delaration through notification in the official Gazette. The state governemnt, thus, revested in the gram sabha the following:
sabha. Section 11 provides the scale in accordance of which the number of members shall be decided, 30% membership shall be reserved for women. The UP Panchayat Raj Act (Amendment) 1994 provides that government have power to make reservation of office of pradhan and uppradhan as per reservation policy to the SC, ST and OBC. One-third of the total member of offices of pradhan shall be reserved for women. Every person who is residing under the gram sabha and has completed 18 years of ages will be entitled to contest the election of panchayat and may cast his vote. But if any person who desires to contest the election for the post of office bearer shall be deemed ineligible to contest the election of panchayat. It is provided by the UP Panchayat Raj (Amendment) Rules 1996 that at any moment if the members of the panchayat feel that gram pradhan or up-pradhan is not discharging his duties properly, the members exercising their powers under section 14 of the act, a written proposal with reasons, in this regard signed by not less than half of the members shall be presented before District panchayat raj officer, by at least three signed members. The district panchayat raj officer after being satisfied shall fix the date by not later than 30th day for the discussion against the officer bearer in the gram sabha. On the day either the district panchayat raj officer will be present himself or any authorized official will be deputed by him to consider the matter in question and after the discussion of 2 hours, by secret ballot papers voting will be done and thereafter result will be declared. Section 15 and 16 of UP Panchayat Raj Act mentions the functions and duties of gram panchayat, which are summarized as below:
against such erring member of the LMC or the gaon sabha with the previous sanction of the collector. 6.4 Gaon fund: Section 132 of the UP Panchayat Raj Act provides for the establishment of a gaon fund for each gaon sabha. All sums received by the gaon sabha, gaon panchayat or the LMC, except damages and compensation money shall be credited to the gaon fund. This fund shall be utilized for carrying out the duties or obligations imposed upon the gaon sabha or the gaon panchayat or the LMC. The fund will be raised from:
Revenue is a tax imposed by the state and is fixed in accordance with some principles incorporated in a statute. Land revenue is a tax on land or its produce paid to the government. The exclusive jurisdiction has been conferred on the revenue courts relating to land revenue. All land held by a person who is or is deemed to be a bhumidhar as such and wherever situate, is liable to the payment of land revenue to the state government except such land as may be exempted whether wholly or partially from such liability by grant of, or contract with the state government. Section 243 provides for the persons who are liable to pay land revenue. It runs thus "all bhumidhars in any holding shall be jointly and severally responsible to the state government for the payment of land revenue for the time being assessed thereon”. That is to say that the liability for the payment of land revenue is not only upon all bhumidhars but also upon all persons succeeding by inheritance, purchase, gift, exchange or otherwise to the interest of such bhumidhars and they shall be responsible of all arrears of land revenue due at the time of their succession.^14
The above study of the Uttar Pradesh Zamidari Abolition and Land Reforms Act, we can conclude that the Zamindari system in India was the outcome of British rule. Lord Canning was in fact the mind, who created the landlords. The British conquerors created the Zamindari system for reason of expediency and administrative convenience. The Zamindars (^14) Book on Uttar Pradesh Land Law, by R.R. Maurya, Twenty First Edition 2015.
