Category Archives: Land Laws Including Ceiling And Other Local Laws

Who is bhumidhar under the U.P.Z.A & L.R. Act1950?

it is to be noted that before the passing of the U.P.Z.A and L.R. Act 1950 there were fourteen variety of tenures existing. All tenures were complicated and bewildering some tenants like fixed rate tenants were found in the permanently settled districts of Agra province while the tenants holding on special terms in Avadh were peculiar form of land tenure to Avadh province . the rights and privileges of the same class of tenants also differed in two provinces. For example an occupancy tenant in Avadh had unrestricted right of subletting while in Agra he possessed only a restricted right. His interest devolved according to his personal low in Avadh whereas in Agra the devolution of his interest followed the provisions contained under the U.P. Tenancy Act, 1939 the permanent tenure holder was enumerated in the list of tenures but in most cases he was treated as if he were a zamindar. The U.P Zamindari Abolition and land Reforms Act, 1950 substituted these tenders and classified them into following four classes
1. Bhmidhar;
2. Sirdar;
3. Asami; and
4. Adhivasi
Adhivasi was a tenure inferior to sirdar but superior to asami it wasa transitional forms of land tenure which was to disappear from the commencement of the Act. It was intended that they will either acquire bhumidhari right after depositing 15 times of the rent(with the written consent of his land holder) of will be liable to ejectment U/S 235 of the Act as trespasser. But before maturity adhivasis were considered favourably and they were conferred the rights of sirdar by the U.P. Land reform (Amendment) Act1954 so all adhivasi became sirdars and there remained only three tenures in land law.it may again be noted that in 1958 by the U.P Land reforms (Amendment) Act S. 133-A has been added and a fourth tenant law. He shall however be governed according to the terms and conditions of the lease and not according to the provision of this Act.
a) Who is Bhumidhar ?- bhumidhar is of the highest type of tenure holder, his interest in the holding is permanents heritable and transferable. He is a peasant proprietor in all respects.
Every person belonging to any of the following classes become bhumidhar-
I. An intermediary (Zamindar) whether bigger or smaller in respect of his khudkasht, unlet sir and grove land.
II. Smaller intermediary who belonged to the disabled class in respect of his let sir as well.
In relation lands intermediaries (zamindars) are classified into two biggest and smaller interment . if the sir land was in their personal cultivation immediately before the date of vesting they become bhumidhars of their un let sir whether they belonged to the class of bigger intermediaries of smaller intermediaries. Intermediary paying up to Rs.250/-as Land Revenue (or Rent) or up to Rs.25 as Local rate was classified as smaller. If the annual land Revenue (or Rent assessed was of more then Rs.250/- or local Rate of more than Rs.25/- the intermediary was categorized as bigger. In case of let sir lands the Act discriminates between bigger intermediaries and smaller intermediaries. Bigger intermediaries lost their rights in their let sir lands and their sir lands passed to the tenants. But the smaller intermediaries become bhumidhars of their let sir lands also provided they were disabled persons(as enumerated U/S.157 (1).
III. A permanent lessee in Avadh in respect of land in his personal cultivation or held as a grove.
IV. A fixed rate tenant – the fixed rate tenant was found in the districts of Varanasi division and in Azamgarh and basti districts S.23 of the U.P. Tenancy Act, 1939 reads:
i. When in Agra any land in district or a portion of a district which is permanently settled at the same rate of rent such tenant shall have a right of occupancy at that rate.
ii. Such tenant shall be called a fixed rate tenant”
“Sharah muwaiyan kashtkar in revenue paper means fixed rate tenant and not the permanent tenant” as it was wrongly described by Justice R.R.K. Trivedi in bhorik Vs Dy. Director consolidation. 1992 R.D. 129.
The fixed rate tenant was the superior most tenant. His interest in the holding was permanent heritable and transferable. He could not be ejected on any ground whatsoever. He had the right to grant lease make improvements use lands for any agricultural or non agricultural purpose. Cultivator holding under him was a subtenant and not a tenant in short his right were even superior to present bhumidhar. Devolution to the holding was holding was governed by personal law.
V. A Rent Free Grantee- note for ans pl see point no.19 under Q.no. 5
VI. An Occupancy tenant, or a hereditary tenant or tenant of sir land or patta dawami or patta istamrari possessed the right the transfer the holding by sale –the word patta dawami means lease for ever and “patta istamrari”means lease for ever and patta istamrari means Permanent lease” “ Tenants of sir lands whom the sir lands were let forever or permanently and right to transfer by sale was also given, Become bhumidhars thereof.
Occupancy tenancy was created by the continuous possession of land for a period of 12 years. In Avadh the right of occupancy could be created by prescription or by conferment by the zamindar in Agra the Agra tenancy Act 1926 provided for the conferment of occupancy right by the zamindar. When the occupancy right was conferred by the zamindar the right ot transfer the holding by sale was also generally given to the occupancy tenants. Occupancy tenants giving the right to transfer the holding by sale become bhumidhars. Occupancy tenants having no such right became sirdars only.
VII. A Grove Holder-
VIII. Every person who had deposited dasguna (ten times) of his rent under the U.P.Agricultural Tenants (Acquisition of privileges) Act , 1949 and has obtained a declaration under the said Act in respect of his holding.
IX. Every intermediary ,bigger or khudkasht land allotted to persons in lieu of maintenance allowance.


Summarize in brief the salient features of U.P. Zamindari Abolition and Land Reforms Act, 1950.

Salient Features of the Act.-The salient features of the U.P. Zamindari Abolition and Land Reforms Act,1950 are as under:-
1. Abolition of zamindari System- The Act abolishes the zamindari system which involved intermediaries between the state and cultivators., with effect from the “date of vesting ”i: e:July1, 1952.All the rights, interests and titles of intermediaries vested in the state of Uttar Pradesh. Zamindars were divested of their rights not only in the upper portion of the land but also in the sub-soils.
2. Payment of Compensation- The Act provides that all Zamindars (intermediaries) whose rights, title of 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.10,000 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 of 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. Sarder’s right is permanent and heritable. Asami had only tenure, viz. 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 of 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 vide.
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 land exceeding 12.5 acres in the aggregate. To avoid concentration of land in the hands of a few persons it 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 31/8 acres. Whenever in a suit for division the court finds that the aggregate area of land to be divided does not exceed 31/8 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.
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 profession 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 Sabah’s and Gaon Panchayats which were already established under the U.P. Panchayat Raj Act, 1947. This act established two more institutions, viz Gaon Samaj and Land Management committee. All the estates vested in the state Government were later on vested in the Gaon Samaj (Now Gaon sabha) and were to be managed by the land management committee the special executive body of the Gaon Sabha. All lands of common utility , such as abadi sites, Gaon Sabha. All lands of common utility such as abadi sites. Pathways waste land fisheries village forests this makes the village a small republic. A co-operative community is intended to facilitate economic and social development and to encourage the growth of social responsibility and community spirit.
11. Wells, trees and Buildings settled with the existing owner thereof- all wells trees in the abadi and all buildings situated in the zamindari estate allowed to be remained in the possession of existing owners or occupiers thereof, and it would be seemed to be settled with them as owners thereof. The site of wells or the buildings with area appurtenant thereto was also deemed to be settled with the owners of wells or buildings irrespective of his being a zamindar tenant or a non –tenant.


What were the reasons for the abolition of Zamindari system in U.P. ?

Reason for the abolition of Zamindari system according to the U.P Zamindari abolitions Committee Report, the following are the most important causes which led to the passing of the U.P.Z.A & L.R. Act, 1950:-
1. Abolition of Zamindari system was Necessary for increasing Agricultural Production –It may be noted that there exists an intimate relationship between land – tenures and agricultural production and the latter cannot be materially improved without mending the former . The peasant will not work to his full capacity nor will he invest his resources in improving his land unless he is certain that he will enjoy fruits of his labour and the benefits accruing from the investment. Under the zamindari system, peasants were not recognized as owner of the land. In most cases tenants could be ejected by the zamindars who were rent-receiving non-cultivating but still the owners of the land .The zamindar had the right to cultivate the land assiduously or indifferently .The zamindar (landlord) had the right to keep the land idle. He had a right to fix initially any rent he pleased but after the expiry of ten years the rent becomes liable to enhancement or abatement .In certain cases he had right to eject the tenants thus the cultivators had no fixity of tenure and fixity of rent. This defective land system was one of the causes of low productivity of agriculture in India during British period. Thus in order to increase the agricultural production it was necessary to remove the intermediaries who were parasites racketeers operators of the tenantry and the source of all the ills of rural society.
2. Everybody must work- The concept that who does not make a return in the share of produce or social service equivalent to or more than what he consumes is a drone and drag on social and economic progress . Every section of people must perform a definite economic function .The various classes of intermediaries functioning as rent-receivers whether as zamindars or taluqdars or under-proprietors or other subordinate holders, did nothing to improve the land and left the land and the tenantry where they were and indeed in a plight worse than before. In order to make everybody work it was desirable to remove the zamindars.
3. The zamindari-system was uneconomical to the state- it may be noted that in order to collect Rs. 682 lakhs as land-revenue and Rs. 71 lakhs as local rates the state forwent no less than Rs. 1000 lakhs in maintaining the landlord-system for the collection for its dues .None but a most extravagant person would employ an agent which costs him about one and a half times the amount collected. Moreover the land revenue received by the state from the zamindars (landlord) was less than 7 crores of rupees whereas the rent received by the zamindars from tenants amounted to 18 crores of rupees thus zamindars appropriated more than 11 corers of rupees annually. Thus in order to increase the state revenue, the abolition of zamindari become necessary.
4. Landlordism was British evil- It may be noted that the zamindar class was created as a social base by the British to help them in consolidation and maintaining their rule and acted as a check on progressive forces. History tells that in Avadh after the first independence war of 1857, the estates (taluqas) were given to those who had given shelter to English people during the revolution or who had handed over the freedom fighters to the British Government .Thus zamindars were granted lands as a bakshish (reward) for their act, which may be called a treachery to the nation therefore the abolition of zamindari system was necessary to prevent any further accrual of benefit to treacherers descendants since the evil of landlordism was a British creation hence it must end with the British rule of India.
5. Zamindars have betrayed the trust reposed in them- The Britishers in India had expressed a pious hope that the landlord would look after the welfare of the tenant and improvement of the soil. That he would act like an English landlord who provides homestead and improves the quality and fertility of land. But these hopes have however remained expressions of pious wishes. Instead of improving the condition of the cultivator and the soil the landlords have been responsible for the steady impoverishment of both . They have indulged in rack renting and illegal exactions. While on the one hand, the state share in the rent collected has progressively decreased, the margin of profit left to the landlords has increased.
6. Further Continuance of Zamindari may have Led to a Bloody Revolution- It may be noted that the zamindari system had reached a stage when it would not have been tolerated by the peasantry any longer without putting our national economy and social security in danger. The zamindars had always been oppressors of the tenantry and the source of all the evils of rural economy. The age –long simmering discontent occasionally bursting into acts of open defiance and sometimes of violence in our state had reached a critical stage. The discontent might develop into revolt and our social security might be threatened by the outbreak of violence. If the zamindari abolition was held over for a few years . Abolition might mean expropriation without compensation and quite possibly bloodshed and violence.
The system of Zamindari was believed to have become obsolete and out dated institution hence discredited everywhere in the world. All through the world there was a wave flowing a process operating to break the larger estates and handing over land to landless labourers in order to solve the problem of poverty. In the context of these world developments ,it was sheer folly for the zamindars in India to insist upon the inviolability of their rights.


Discuss the provision pertaining to “Payment of Purchase Price by the Tenant” under the Agriculture Tenancy Act, 1964

Under Section 18 of the Agriculture Tenancy Act 1964, the heading is procedure for taking possession,  the details of payment of purchase price by the tenant has been explained in details as follows:

 

Special Rights and Privileges of tenants

 

Sec.18A: In accordance with this section all Tenants deemed to have purchased lands on tillers’ day;

  • On the tillers’ day, every tenant shall, subject to the other provision of this Act, be deemed to have purchased from his land lord the land held by him as a tenant and such land shall vest in him free from all encumbrance subsisting on the day.
  • In case where a tenant, on account of his eviction from the land by the land-lord before the tillers’ day is not in possession of the land on the said day, but has made or makes an application for possession of the land under section 18 within the period specified therein, then, if the application is allowed by the Mamlatdar and passed order in favour of tenant or, as the case may be, in appeal before the collector or in revision before the Administrative Tribunal, he shall be deemed to have purchased the land on the day on which the final order allowing the application is passed by Mamlatdar.
  • where a tenant referred to in above sub-section (2) has not made an application for possession within the period specified under section 18 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of final rejection of the application, then such other person shall be deemed to have purchased the land on the date of the expiry of the said period or, as the case may be, on the date of the final rejection of application.
  • If a tenant is not in possession of the land on the tillers’ day on account of his being dispossessed otherwise then in the manner provided in section 11 and the land is; (a) in possession of the landlord or his successor in interest; and (b) not put a non-agriculture use, the Mamlatdar shall notwithstanding anything contained in this Act, either suo moto or on the application of the tenant, hold an inquiry and direct that such land shall be taken from the possession of the landlord or, as the  case may be, his successor in interest and shall be restored to the tenant and the provisions of the Chapter shall, in so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased the land on the date on which the land is restored to him. -;Provided that the tenant shall not entitled to restoration under this sub-section unless he undertakes to cultivate the land personally. Explanation- In this sub-section ‘successor-in-interest’ means person who acquires the interest or right by testamentary or  disposition or devolution on death.
  • In respect of the land deemed to have been purchased by a tenant under sub-section (1)—(a) the tenant-purchaser shall be liable to pay to the former landlord the purchase price; and (b) the tenant-purchaser shall be liable to pay to the Government the dues, if any, from the tillers’ day.

 

18B. Right of tenant to purchase land where he is minor etc—

  • Notwithstanding anything contained in section 18A, where the tenant is a minor or a widow or a person subject to mental or physical disability or a serving member of Armed Forces, the right to purchase land under that section may be exercised—(a) by the minor within one year from the date on which he attains majority (b) by the successor in title of the widow within one year from the date on which her interest in the land ceases to exist; (c) within one year from the date on which the mental or physical disability of the tenant ceases to exist; (d) within one year from the date on which the tenant ceases to be a serving member of the Defence Forces; Provided that where a person of any such category is a member of a joint family, the provisions of this sub-section shall not apply it at least one member of the joint family is outside the categories mentioned in this sub-section, unless before the tillers day the share of such person in the joint family has been separated by metes and bounds and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated having regards to the area, assessment, an classification  and the value of the land, in the same proposition as the share of that person in the entire family property.
  • A tenant desirous of exercising the right conferred on him under sub-section (1) shall give an intimation in that behalf to the landlord and the Mamlatdar withinin whose jurisdiction the land is situated in the prescribed manner within the period specified in that sub-section.
  • The Provision of section 18A and section 18C to 18I shall so far a may be applicable apply to such purchase.

 

18C Mamlatdar to issue notices and determine price of land to paid by tenant;

  • As soon as may be after the tillers’ day the Mamlatdar shall publish or cause to be published a public notice in the prescribed form in the Official Gazette and also in such other manner as may be prescribed calling upon—
    • all tenants who under section 18A are deemed to have purchased the land
    • all landlord of such land and
    • all other persons interested therein to appear before him on date specified in the notice
  • Notwithstanding anything contained un the sub-section (1) the Mamlatdar may, on his own motion or on an application from any person who has been called upon to appear before him under sub-section (1) give an opportunity to appear before him on any subsequent day, time and place other than that specified in the public notice under sub-section (1) to—

 

  • such tenants or such persons claiming to be tanants
  • such landlord and other interested parties, who had appearing before the Mamlatdar inresponse to notice published under sub-section (1)

 

  • The Mamlatdar shall record in the prescribed manner the statement of the tenants whether he is or is not willing to purchase the land held by him as a tenant
  • Where any tenant makes a statement that he is not willing to purchase the land , the Mamlatdar shall by an order in writing declare that such tenant is not willing to purchase the land and that the purchase is ineffective

 

Provided that if such order is passed in default of the appearance of any party, the Mamlatdar shall communicate such order to the parties and any party on whose default the order was communicated to him apply for the review of the same

 

(5)   If a tenant is willing to purchase, the Mamlatdar shall, after giving an opportunity to the tenant and the landlord and all other persons interested in such land to be heard and after holding an inquiry determine the purchase price for such land in accordance with the provision of section 18D

 

(6)In the case of a tenant who is deemed to have purchased the land on the day subsequent to the tellers’ day, the Mamlatdar shall, as soon as may be after such day, determine  the price of the land

 

18D. Purchase price payable to land lord;

  • The purchase price payable by a tenant to the landlord in relation in relation to the land which has been deemed to have been purchased by the tenant under section 18A shall be the amount indicated in column 2 of the Table below in respect of the categories of land specified in the corresponding entry in column 1 thereof

 

 

S NCategory of land

 

Purchase Price (in rupees) per hector
1Garden consisting primarily of

 

a] Coconut trees

 

b] Arecanut trees

 

c] Mango trees

 

d]Cashew trees

 

 

 

4,000.00

3,000.00

2,500.00

1,600.00

 

2 

Rice Land

 

a] Kher

 

b] Khazan

 

c] Morod

 

Wet land where sugarcane cultivated

 

 

 

4,000.00

 

3,600.00

 

1,600.00

 

2,500.00

 

 

 

18E. Mode of Payment of purchase price by tenant:

  • On the determination of the purchase price by the Mamlatdar under section 18C the tenant shall deposite the purchase price with the Mamlatdar in the manner provided in this section.
  • The tenant shall have the option to deposit the purchase price either in lumsum or in ten equal annual instalments
  • The first installment of the purchase price or where the purchases price is payable in a lumsum under sub-section (2) the lumsum shall be paid by the tenant within a period of six month from the date of passing of order of the Mamlatdar under section 18C
  • The second or subsequent installment of the purchase price shall be paid within a period of one year from the date on which the previous installment was due.
  • Where the lumsum payment or any installment of the purchase price has not been deposited on the due date , the amount in default shall carry interest at the rate of six per cent per annum.

 

18F. Amount of purchase price to be applied towards satisfaction of debts—

  • The Mamlatdar shall in an inquiry held under section 18c determine any encumbrances lawfully subsisting on the land the tillers’ day.
  • If the total amount of encumbrance is less than the purchase price determined under that section—(i) where the purchase price is paid in lumsum, it shall be determine from the purchase price and the balance paid to the former landlord. (ii) where the purchase price made payable in installment, the Mamlatdar shall deduct such amount from such installment towards the payment of such encumbrance; Provided that where under any agreement, award. decree or order of a court under any law the amount of encumbrance is recoverable in installment, the Mamlatdar shall deduct such amount as he deemed reasonable from the installments so payable
  • If the total amount of the encumbrance is more than the amount of determined the purchase price in lumsum of the installments, as the case may be, shall be distributed in the order of priority and if any person has to right to receive maintenance or alimony from the profit of the land the Mamlatdar shall also make deductions for payment out of the purchase price.
  • Nothing in this section shall affects the rights of the holder of any such encumbrances to proceed against the former land lord in any other manner or under any other law for the time being in force.