Land Reforms

Types of Tenants

permanent, heritable rights
security of tenure, could claim compensation from landlord for changes affected on land

eliminate exploitation and social injustice within agrarian system
provide security to tiller of the soil
ensure equality of status and opportunities to all sections of rural population and increase efficiency of agricultural production

exploitative agrarian relations → poor agri → stagnant eco
instrument of exploitation → ZMNDR
1st FYP abolished Zamindari system
proof of initiation and passage of bill for abolition of zamindars have taken very long time. eg. UP Zamindari Abolition Act took 4.5 yrs to become law
ZMNDR not willing to lay down their lands; turned to legal battle
Loophole → ZMNDR could obtain land for personal cultivation
personal supervision of ZMNDR or by his family members
2nd FYP → definition of personal cultivation changed
Official docs claim ZMNDRI system completely abolished. But it has originated in different format now
big land owners, rich peasantry, dominant class of rural capitalism
govt was largely successful in reducing exploitation and oppression of tenants and reforming rural feudal structure

ZMNDR charged exorbitant rent
punjab: 80%, Bombay: 40-60%
1st FYP → max rent: 1/4 or 1/5 of total produce
except punjab, haryana, jnk, regions of AP, this limit was adhered to by most states
legislations violated due to strong socio economic and political hold of landowners in rural areas
partly cuz sharecroppers not aware of legal provisions + socioeconomically weak compared to landlord and not in position to assert their rights
law provides security of tenure, but most leases are oral and informal

tenant should not be ejected except in accordance with law
if reassumption of land, tenant assured of minimum prescribed area
implementation depends on
- definition of term tenant
- status of land records
- definition of term cultivation
- circumstances in which land owners allowed to resume tenanted land for cultivation

ppl cultivating in lieu of payment (cash or kind) treated as tenant
sharecroppers not treated as tenants thus all laws for tenants not applicable on them
right of resumption combines flaws of definition of personal cultivation and made tenants unsecured (landlords can eject tenants on condition of self cultivation)
- 4th FYP recommended all tenacy be declared resumable and permanent (except landholders in defense or disabled)
problem: voluntary surrender
- many landlords compel tenants to give up tenacy on their own accord
laws related to security of tenure can be commented effectively only if current and up to date land records are available
a person can claim himself to be tenant only if his name appears as such in land records
- many states no tenancy records exist or they are incomplete / outdated

ownership rights have to be conferred on tenants accordingly by some states that have passed laws to confer it
however process very unsatisfactory
6th FYP, confer ownership right to all tenants by 1982
many tenants could not exercise their rights due to
- can’t afford to pay price
- unwilling to purchase land, reflecting dominant controlling power of ZMNDR

definition of ‘personal cultivation’ unsatisfactory
transfer of land to family member
definition of ‘tenant’ inadequate
voluntary surrender
lack of political will
apathy of bureaucracy
improper updation of land records
inadequacy of land ceiling laws
diff level of ceiling among diff states and areas of same state → confusion and disputes
- july 1972, conference of state ministers to bring uniformity to ceiling laws

political will to insert 9th schedule and right to property as FR
land is state subject → reforms successful in states like Kerala, WB etc which had communist govt for several years
inc literacy and awareness regarding land rights, constitutional provisions
advent of various NGO and cooperatives that helped farmers reap benefits of laws
land ceiling
Bhoodan and Gramdan movement to give up voluntary excess land and redistribution