Implementation of Land Reforms A Review by the Land Reforms Implementation Committee of the National Development Council Government of India Planning Commission New Delhi August, 1966 Table of contents page A review by the committee on Implementation of Land Reforms Annexure I — Reports of officers on implementation on land reforms 1 1. Andhra Pradesh 21 2. Assam 33 3. Bihar — First Report 42 4. Bihar — Second Report 48 5. Gujarat 57 6. Kerala 65 7. Madhya Pradesh 73 8. Madras 81 9. Maharashtra 88 10. Mysore — First Report 95 11. Mysore — Second Report 104 12. Orissa 109 13. Punjab 115 14, Rajasthan 121 15. Uttar Pradesh 129 16. West Bengal -First Report 136 17. Weal Bengal — Second Report 147 18. Himachal Pradesh 157 19. Goa 166 Annexure II — comments of state Government on reports of officers — 1. Andhra Pradesh 177 2. Assam 183 3. Gujarat 186 4. Kerala 194 5. Madhya Pradesh 196 6. Madras 202 7. Maharashtra 210 8. Orissa 219 9. Rajasthan 222 10. Uttar Pradesh 228 11. West Bengal 229 12. Himachal Pradesh 234 13. Goa 240 Annexure III — summary records of meetings of Implementation Committee 1. December 23, 1963 245 2. June 25, 1964 247 1 3. June 26, 1964 — Bihar 249 4. September 28, 1964— Madras, Maharashtra and Uttar Pradesh 251 5. October 27, 1964— Gujarat 254 6. May 4, 1965 — Rajasthan 256 7. October 27, 1965 — Meeting of Delhi members 257 8. December 4, 1965 — Proposals for Fourth Plan 259 9. July 21, 1966 — Andhra Pradesh, Orissa and Himachal Pradesh 263 Central Committee for Land Reform — June 23, 1964 — Mysore 264 Discussion between Member, Planning Commission and Governor, Kerala — December 265 17, 1965 Annexure IV — 269 Report of technical committee on norms of efficient management Cultivation Annexure V — 277 Chapter on land reforms in the draw Outline of the Fourth plan 2 A REVIEW OF IMPLEMENTATION OF LAND REFORMS I In November 1963, following the Mid-term Appraisal of the Third Plan, the National Development Council reviewed the progress made in the implementation of land reforms in different States and noted that on account of legal and other factors, in some States, the legislation had not been fully enforced. The National Development Council emphasised that speedy execution of the programme of land reforms was vital for increasing agricultural production and strengthening the rural economy and called upon all the State Governments to complete the implementation of land reform programmes before the end of the Third Plan. The Council also constituted a committee with The Minister of Home Affairs, Shri Gulzari Lal Nanda, as chairman and the Minister of Food and Agriculture, the Member incharge of land reforms in the Planning Commission and five Chief Ministers who are Vice-Chairmen of the Zonal Councils, as members, to review the progress of land reform in different States and propose measures for securing implementation. 2. The Implementation Committee met 9 times. The first meeting was held in December, 1963 when the Committee made a general review of the situation. It decided that detailed information regarding implementation of land reform programmes and the difficulties experienced in expeditious and effective implementation should be reported to the Committee and an officer specially deputed to go round the States for this purpose. 3. Following the suggestion of the Committee, all the States except Jammu & Kashmir were visited by the officers of the Planning Commission. Follow up visits were also made to Bihar and Mysore. Copies of their reports were forwarded to Chief Ministers concerned for the comments of their governments. These reports, together with the comments of the State Governments thereon, in respect of Andhra Pradesh, Bihar. Gujarat. Madras, Maharashtra, Orissa, Rajasthan, Uttar Pradesh and Himachal Pradesh have been examined by the committee in consultation with the State Governments concerned. The first report on Mysore had been considered in the Central Committee for Land Reform and the report on Kerala at a meeting between the Governor of Kerala and the Member incharge of land reform in the Planning Commission. The report on Madhya Pradesh was to be reviewed at a meeting on October 27, 1964 but as the Chief Minister could not be present, its consideration was deferred. The reports of the officers, comments of the State Governments thereon and the summary records of the meetings of the Committee are contained in annexures I, II and III to this review respectively. II 4. The main features of the land legislation, its state of implementation, the deficiencies in the law and its implementation, the advice given by the Implementation Committee to the State Governments and the action taken thereon in respect of each State have been set out briefly in the following paragraphs. ANDHRA PRADESH 5. At present, tenancies are regulated under separate laws in the two regions of Andhra Pradesh, namely, the Telangana area and the Andhra area. The legislation applicable to Telangana area (the Hyderabad Tenancy and Agricultural Lands Act) provides for: — (1) fixation of rent at 1 /4th of the gross produce for irrigated lands, other than well irrigated lands and 1 /5th in other cases or 3 to 5 times the land revenue (according to class of soil), whichever is less; 1 (2) fixity of tenure for protected tenants subject to landlord's right to resume land for personal cultivation up to 3 family holdings. The tenant, however, is to retain generally a basic holding or half of his land whichever is less; (3) an optional right of purchase of ownership of non-resumable lands for protected tenants. This right is subject to the condition that a protected tenant could not purchase more than one family holding and that the land owner is left with two family holdings (a family holding varies from 4 to 60 acres). In addition the law provides for suo motu action for transfer of ownership to protected tenants. The legislation obtaining in Andhra area (the Andhra Tenancy Act) is of an interim nature. It provides for stay of ejectments and fixation of rent at 50 per cent of the gross produce for irrigated lands, 28.1/3 per cent for lands irrigated by baling and 45 per cent for dry lands. The law relating to ceiling (Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961) which is applicable to both the regions, provides for ceilings on existing holdings at 4} family holdings and on future acquisition at 3 family holdings (a family holding varies from 6 to 72 acres). The ceiling law was brought into force with effect from June 1, 1961. There is no provision dealing with the problem of transfers. In 1960, the Government of Andhra Pradesh introduced a new Bill which provides for a unified tenancy law for the whole of Andhra Pradesh. The Bill lapsed in 1961 due to dissolution of the Assembly on the eve of general elections and a fresh Bill was introduced later in 1962, which was reported upon by Joint Select Committee of the State Legislature in 1964. Its provisions were deficient in several respects. The Regional Committee for Telangana area has disagreed with the Bill and has suggested that the Hyderabad Act should be extended to the Andhra area also; and if it was not possible, there should be separate laws for the two regions. The matter is under the consideration of the State Government. 6. The state of implementation of land reforms has been examined in the report submitted by Shri Ameer Raza. Joint Secretary. Planning Commission in February. 1965 (vide Annexure I). There were several gaps in the Hyderabad law: — (a) Ordinary tenants do not enjoy the rights given to protected tenants. They number 1.34 lakhs and occupy an area of 8.58 lakh acres. Protected tenants number 2.99 lakhs and hold 16.57 lakh acres. (b) Tenants' right to ownership is much limited in scope as the bulk of the leased area is comprised within the two family holdings to be left with the owner; and (c) Surrenders are not properly regulated. The provision for suo motu action for transfer of ownership to tenants was enforced in one district and a taluka of another district. Further implementation was stayed on the reorganisation of States in 1956. In Andhra where substantial areas were cultivated through tenants and share croppers, particularly in the coastal districts, they were generally not recorded. The interim law i.e.. the Andhra Tenancy Act has been ineffective. A tenant holds at the will of the landlord and may not offer any resistance if the landlord desired to dispossess him. The prevailing rent was half the gross produce and in case of fertile lands it was as high as two-thirds of the produce As regards ceilings, no surplus land has yet been taken possession of but it is estimated that the surplus area is likely to be less than 0.2 per cent of the cultivated area. The law has thus only a limited significance. 7. The Implementation Committee reviewed matters relating to land reforms in Andhra Pradesh 2 on July 21, 1966 (vide Annexure III). As the Chief Minister was not pre- sent, consideration of necessary legislative measures was not taken up. The Committee, how- ever, advised that it would be desirable to organise a special drive for the preparation of records of tenants in Andhra area and to give presumptive evidence value to the record but that even without necessary legislative provision the record should be useful. To assist in the preparation of records tri-partite committees should be set up. The Committee also emphasised that in view of the importance of the programme of consolidation of holdings to agricultural production, it was desirable that it should be pursued with vigour in the Telangana area and also initiated in the Andhra area and that adequate financial provision for this should be made in the Fourth Plan ASSAM 8.