File Name: uttar pradesh zamindari abolition and land reforms act 1950 bare act .zip
It delves into the system of land revenue and tenure set by the act at the village level. Further, it discusses the difference between rehabilitation grant and compensation under the Act. The zamindari system was introduced in India under British rule.
Lord Canning, the first Viceroy of India, was the first one who came up with the system of landlords. The Britishers established the zamindari system for expediency and administrative convenience. The zamindars were, in fact, a convenient stick in the mud of a social base for establishing British rule over the working class.
After India gained independence, many of the newly established states passed a Zamindari Abolition Act. The zamindars approached the Supreme Court saying that their fundamental right has been violated as the right to property was a fundamental right at that time.
The Supreme Court held that the Act was unconstitutional, but soon right to property was removed as a fundamental right. By the abolition of the existing system, approximately two crore tenants became landowners. The ceiling was also imposed, which fixed the total amount of land a person or a family can own. All the surplus land beyond the ceiling set by the government would be taken away by the state, after which the state would redistribute this land to landless and small farmers.
By imposing a ceiling, the ownership of land now was not concentrated in the hands of few upper caste and class farmers. The vesting order for the Act was issued on 1st July From the date of vesting, all the titles, rights and interests of all intermediaries were terminated and ceased.
But an intermediary who cultivated his land as a share-cropped or self-cultivated the land was given the ownership of the land. The Zamindari Abolition Act neither gave the right of resumption nor did it provide a ceiling on the area a zamindar can use for personal cultivation. Therefore, all the occupants of land, zamindars and secured or unsecured tenants, were to continue in possession of the land they were cultivating at the time the reforms were enacted.
The Act can be divided into two parts. The first part contains chapters 1 to 6, and the second part contains chapter 6 to The Act has seven schedules and sections. The Act abolishes the zamindari system by removing the zamindars or intermediaries between the government and peasantry starting coming into force from July 1, , i. All the rights, interests and titles of the zamindars now shifted from zamindars to the government of Uttar Pradesh.
Zamindars were not only deprived of their rights in the upper portion of the land but in the sub-soils as well. The Act gave all the Zamindars who were deprived of their rights, title interest in any estate, the right to acquire a fair compensation from the state. The compensation is eight times the value of the net assets of the zamindar. No distinction is to be made between the bigger zamindars and the smaller ones, or between the main intermediary and the Thekedar and between an artificial person like waqfs, trust and endowments and a natural person.
Furthermore, a compensation rehabilitation grant is also given. Only the zamindars are entitled to this grant. The zamindars who are entitled to both compensation and rehabilitation grant, are those who are paying annual land revenue up to Rs. Rehabilitation grant is given at graded rates ranging between one to twenty times of the net income, whereas compensation is given at a uniform rate of eight times of the net assets.
The grant is proportional to the income of the zamindar; it is highest for those with low incomes and lowest for those who have comparatively larger incomes. The underlying philosophy behind the Act is that the one who cultivates the land should be the owner of the land. This philosophy has been fully enshrined in the Act. In the same way, the tenant of sir or khudkasht land and the subtenant became Adivasi. Thus everyone who was cultivating the land retained the possession of that land.
There were fourteen categories of land tenures all complex and bewildering before the enforcement of the U. The Act narrowed down and classified the land tenures into four categories, namely Bhumidhar, Sirdar, Asami and Adivasi… The fourth category of Adivasis was later merged into Sirdars by an Amendment in The Act prohibits the tenure holders from letting out their holdings to anyone, whole or part for any period of time.
The right of a tenure holder comes to an end if he lets his land to anyone. There are exceptions to this rule; the tenure holder has the right to let his land on certain humanitarian grounds, for example, to anyone suffering from mental or physical disease or a person who has a legal disability and who are not able to cultivate the land on their own.
Such persons include women, idiots, lunatics, minors, a blind person, student or a person in detention or imprisonment. Section 1 for the Uttar Pradesh Zamindari Abolition and Land Reform, puts a ceiling, to prohibit accumulation of land.
A tenure holder cannot acquire more than This section was brought in to avoid the concentration of land in the hands of a few people, which could lead to the system of zamindari to resurface. Persons having more than In , this provision was amended to allow the transfer of land, even below the earlier specified limits.
Along with intermediaries or zamindars, the Act also removes religion from land laws. According to the Act under Section to when a tenure holder dies, all of his holdings shall go to his or her heirs. There is no exception to this rule of succession; it is applicable to all classes of landowners whether a Bhumidhar, Sirdar or an Asami and it is applicable to all religion whether he is a Hindu, a Muslim or a person practising a religion other than Hinduism or Islam.
The U. The Act vested all the estates which were vested in the state Government to the Gaon Sabha and the land management committee, which was the special executive body of the Gaon Sabha.
This system makes a village a small republic. The Act intends to create a co-operative community which will facilitate economic and social development and will encourage social responsibility and community spirit. All the structures in the zamindari estate were not taken away from the current owner. These categories were very confusing and complicated. Therefore, all the old classes of land tenures were abolished by the new Act and substituted these classes with four new classes of land tenures:.
The Adivasi class was discontinued after five years of the Act coming into force as Adhivasi was transitional form land tenure. Adivasi was created as a temporary right, in the beginning, for those who were tenants of Sir or sub-tenants or occupants and trespassers in actual possession of a holding. This right was to continue for a period of five years after the passage of the Zamindari Abolition Act and was to be converted into bhumidhari on payment of 15 times the rent they had paid earlier.
Subsequently, all Adivasis were declared Sirdars. Section A was added in by the U. But, the provisions of the Act do not govern the rights and liabilities of the government leases but these are governed by terms and conditions of the lease. In , after an amendment, all the sirdars were converted into two new classes; a bhumidhar with transferable rights and b bhumidhar with non- transferable rights. After the amendments made in , there were three categories of tenure holders according to U.
Zamindari Abolishment and Land Reform Act:. Section of the U. Zamindari Abolition and Land Reform Act, divides bhumidhar with transferable rights into four classes:. According to the amendment of , the bhumidhar with transferable rights has the most secure and highest type of ownership or highest type of tenure holder. According to Section and Section A of the U.
Zamindari Abolition and Land Reform Act divides Bhumidhar with non-transferable rights into five categories. These are:. The Amendment Act of divides Asami tenure holders into four classes. They are as follows:. After the amendment to the U. P Panchayat Raj Act, changes in the powers, rights and duties within these institutions were incorporated.
The gaon sabha is an elected body that has a perpetual succession and common seal. The gram sabha has been vested with the power to acquire the property by purchase, gift or through any other legal provision. It has the authority to hold, administer and transfer the movable or immovable property. It can enter into a contract, it can sue and can be sued. The said section also gives the state government the power to revest all or any land in gram sabha by declaration through a notification in the Official Gazette.
Following lands have been vested in the gaon sabha by the state government:. The jurisdiction of gram sabha expands over all public property situated within its territorial limits. The state government has the power to give public prosperities to a gram sabha which is not situated within its territorial limits. It can exercise all its functions and duties on that land as given by the U. P Panchayat Act.
But these powers are subject to modifications or conditions according to the provisions of the Act. The functions of the GramSabha can be divided into two categories:. The entrustment of general acts other than that of land which is vested in Gram Sabha is taken by the gram sabha and the gram panchayat. The land management committee is responsible for the functions and duties related to land.
Section 28 A of U. Panchayat Raj Act , the gram sabha should work in coordination with the Land Management Committee and assist the committee in its duty to protect and supervise all the property that is vested in the gaon sabha through Section of U. All the members of the Land management committee are also members of gaon sabha. The Lekhpal of the Gram Sabha is secretary of the land management committee.
The committee also consists of members from gram or gaon panchayat. The Land Management Committee consists of all the members of gaon panchayat. The Pradhan of the gram sabha is the ex- officio pradhan of the gram panchayat and also the chairman of the land management committee.
Section A of the U. P Zamindari and Land Reform Act makes each member liable for their actions.
Now we look into land reform measures after the independence. Ya but why learn so many definition? Upper caste domination decreased. Economic development on one hand: land reform increase production on the other hand, land reforms will also provide social justice. This direct relation will help in rural Development and agri. Development as per five year plans.
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Maurya provides a comprehensive analysis of various land law legislations like U. Land Revenue Act, and U. Imposition of Ceiling on Land Holdings Act, The latest case laws have been cited at appropriate places. All up-to-date amendments are included in this book.
THE illusory tranquility in Sonebhadra, a far flung district in eastern Uttar Pradesh was shattered by a massacre on 17 July this year in which 11 tribals lost their lives while trying to protect the land they had been tilling for decades, from passing into the hands of land mafia. The fault lines of rural India were exposed and the question of land and livelihood, so craftily camouflaged by the BJP under the garb of nationalism and communalism, seemed momentarily to come to the centre stage of state politics. The tribals of Umbha gram Panchayat had been tilling the land since the s and earlier used to pay a rent to the erstwhile king.
Zamindari Abolition and Land Reforms Act, 1. Short title, extent and commencement. Modification of the Act, in its application to certain areas. Extension of the Act to new territories. Vesting of estates in the State.
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