Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950

Introduction:

As we all know from ancient times land is considered as the main aspect of financial deeds in every county. In British- India period Britishers introduced a new system related to land revenue which is termed as ” Zamindari system”.It is also known as Permanent settlement system. The Zamindari system came into existence in 1793 by lord Cornwallis. This system was basically an agreement between the East India Company and Bengali landlords to fix revenues to be raised from the land.

Reason for Abolition

There are numerous reasons for the abolition of this system. Firstly, the Zamindari system caused great losses to the British government. Another major reason for the abolition of this system is that it was uneconomical to the state. The yield of agriculture became very low. To overcome these problems and to abolish the Zamindari system an act came into force i.e. ” Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950″. [1]

Object

The main objective of this act is to abolish the zamindari system and to make land reforms. The purpose of this act is to remove the middleman between the agriculturalist and state. Equal opportunity should be given to everyone and no person should be left without benefit. In the zamindari system, only peasants were working. Through this act rights of cultivators are maintained. The main aim of this act is to boost production and empower every person to manufacture more. In a nutshell, this act is providing equality and contributing a uniform amount to every person.

Main Features of the Act :

1. Abolition of Zamindari system: The principal feature of this act is to abolish the Zamindari system. All the rights, titles and interests of middlemen vested in the state of Uttar Pradesh. They were deprived of their rights.
2. New Land-Tenure system: Land tenure system simplified in this act. The act abolished the old fourteen types of land tenure which were complex in nature. This act categorised four new types of tenure: 1) Bhumidar 2) sirdar  3) Asami 4) Adivasi
3. Payment of Compensation: (Section 27 read with Section 54) The act grants the Zamindars (deprived of their rights, title) equitable reimbursement from the state. compensation is payable at the uniform rate of eight times of the net assets. The act grants payment to every middleman, Zamindar or thekedar.
4. Payment of Rehabilitation Grant: Zamindars are authorised to  Rehabilitation Grant. The grant is proportionate to the gains of the zamindar. Thekedar is not authorised to this grant. Zamindars who are paying annual land revenue up to Rs.10,000 are entitled to both compensation and rehabilitation grants. Grant is low for those with high incomes and is comparably high for low incomes.
5. Uniformity of Rules of Succession: Before the implementation of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 the succession to the tenancy was governed. The act brings uniformity. After the implementation of this act under section 171 to 175 – on the death of the tenure holder his interest in the holding shall devolve to heirs and not to personal law heirs.
6. Establishment of village communities: Two institutions established under this act is i.e. Gaon Samaj and Land management committee. All the estates vested in state government were later on vested in the Gaon Samaj. These were to be managed by the land management committee.
7. Prohibition of letting: The act prohibits letting as well as subletting. If a tenure holder lets his land, his right shall come to an end (Section 165 & 167).
8. Rights of Cultivators are maintained: It is purely based on this fact that “he who cultivates the land should be the owner of it”. It clearly indicates that rights of cultivators are maintained whether they are Zamindars or peasants.
9. Prohibition for the accumulation of land: According to Section 154 (1) 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. Individuals having more than 12.5 acres of land shall keep their holdings but they can’t have any land by gift or by purchase.
10. Settlement of Wells, Trees and buildings: All wells,  trees and buildings should continue to be in the possession of existing owners (Section 9).

Acquisition of the Interests of Intermediaries

Section 4 to 26 of U.P. Zamindari Abolition and Land Reforms Act [2] describes the acquisition of the interests of intermediaries. Section 4 describes the vesting order. The vesting order was enacted on 1 July 1952. In Kedarnath & others v. Sheo Murat Pandey & others [3] It was held that all the estates in Uttar Pradesh stood transferred to & stood vested in the state.

Consequences of Vesting of Estates in the State

It comes under Section 6, 8 and  9 of the act. Under section 6 all the rights, title and interest of Zamindars shall desist and be vested in the State of Uttar Pradesh. But in the case of Maharaj Singh v. State of U.P. [4], A two-judge bench of this court considered the claim of the defendant that hat, bazar and mela as the areas appurtenant to the buildings in the property they have not vested in the government.

New Land-Tenure Holders under U.P. Zamindari Abolition Act

Before the enforcement of the act, there were Fourteen types of tenures. These were complex in nature. After the enforcement of the act, four new classes were introduced:

1. Bhumidhar has transferable Permanent and heritable rights in land.
2. Sirdar or Bhumidhar with non-transferable rights
3. Asami had only tenure.
4. Adivasi- this fourth tenure was short term, In October 1954 all Adivasi were made sirdar.

After the amendments made in 1977[5], Sirdars were classified into new classes 1) bhumidhar with transferable rights 2) bhumidhar with non-transferable rights 3) Asami

Who is a Bhumidhar with Transferable Rights?

Under Section 130 of U.P. Zamindari Abolition and Land Reforms Act, it bifurcates bhumidhar with transferable rights into four classes a) bhumidhar immediately before the date of commencement of the Uttar Pradesh Land Laws  (Amendment) Act, 1977;

b) A sirdar referred to in clause (a)

c) Every individual who acquired possession of land or after the abolition of the Zamindari system became bhumidhar.

d) Every individual who by any other mode acquired bhumidhari rights.

Who is the Bhumidhar with Non-Transferable Rights?

1. Who was admitted as Sirdar before UP Land law amendment act-1977
2. A person who gained bhumidhari rights with the provisions of the  Bhoodan Yojna Act.[6]
3. An individual who becomes bhumidhar with non-transferable rights in any other mode

Section 131 of U.P. Zamindari Abolition and Land Reforms Act categorised bhumidhar with non-transferable rights into the following categories:

Who is Asami?

Asami is a minor form of land tenure. These were Former tenants and subtenants on Grove land. Their rights were heritable but not Permanent and transferable. The Amendment act of 1977 categorised Asami into following classes:

1. Any individual who gained Asami rights after the abolition of zamindari.
2. Any individual who is acknowledged as a lessee of the land by  the land management committee (under section  132)
3. Any person who gained the rights of an Asami by way of any other mode.

Bhumidhar with Non- Transferable Rights to become Bhumidhar with Transferable Rights (Section 131-B)

● A Bhumidhar with non-transferable rights immediately before the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act,1995 and had been such bhumidhar for a period of ten years or more shall become a bhumidhar with transferable rights on such commencement.

● A Bhumidhar with non-transferable rights on the commencement referred to sub-section (1), or becomes a Bhumidhar with non-transferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of a period of ten years from his becoming a bhumidhar with non-transferable rights.

Rights of Bhumidhar

● Bhumidhar with transferable rights has the right to absolute possession of the land.

● Bhumidhar with non-transferable rights has the right to complete possession of the land and can be utilised for agriculture & associated activities.

● Bhumidhar can exchange his land either with another bhumidhar or Gaon Sabha (Section 161)

● Bhumidhar with transferable rights may bequeath (Section 169).

Conclusion

The U.P. Zamindari Abolition and Land Reforms Act, 1950 is unquestionably a revolutionary act which came after the independence of the country. The act has the basic provisions which are necessary for the execution of the land policy. It benefited the peasants as well as the Zamindars. It mainly aims for uniformity. Every individual should be given similar benefits. The abolition of the zamindari system changed the status of tenants into owners. This act also fills the loopholes which were in the zamindari system.

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References:

[1]https://www.latestlaws.com/bare-acts/state-acts-rules/state-laws/u-p-zamindari-abolition-and-land-reforms-act-1950/u-p-zamindari-abolition-and-land-reforms-rules-1952/

[2]https://www.indianemployees.com/acts-rules/details/u-p-zamindari-abolition-and-land-reforms-act-1950

[3] 1971 A.L.J 34: R: D.53

[4] 1976 AIR 2602, 1977 SCR (1) 1072

[5] The Uttar Pradesh Land Laws Amendment Act, 1977

[6] The Uttar Pradesh Bhoodan Yojna Act, 1952