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The Bombay Tenancy and Agricultural Lands Act As a Means of Agrarian Reform Gene L Iowa State University Capstones, Theses and Retrospective Theses and Dissertations Dissertations 1955 The Bombay Tenancy and Agricultural Lands Act as a means of agrarian reform Gene L. Wunderlich Iowa State College Follow this and additional works at: https://lib.dr.iastate.edu/rtd Part of the Agricultural and Resource Economics Commons, and the Agricultural Economics Commons Recommended Citation Wunderlich, Gene L., "The Bombay Tenancy and Agricultural Lands Act as a means of agrarian reform " (1955). Retrospective Theses and Dissertations. 13234. https://lib.dr.iastate.edu/rtd/13234 This Dissertation is brought to you for free and open access by the Iowa State University Capstones, Theses and Dissertations at Iowa State University Digital Repository. It has been accepted for inclusion in Retrospective Theses and Dissertations by an authorized administrator of Iowa State University Digital Repository. For more information, please contact [email protected]. NOTE TO USERS This reproduction is the best copy available. UMI THE BOMBAY TENANCY AM) AGRICULTURAL LANDS ACT AS A MEANS OF AGRARIAN REFORM by Gene L. Wtmderlich A Dissertation Submitted to the Graduate Faculty in Partial Pulfillment of The Requirements for the Degree of DOCTOR OF PHILOSOPHY Major Subjects A.gricult^al-.Economics Approved: Signature was redacted for privacy. Cn Charge of Major Work Signature was redacted for privacy. Head of Ms^or Department Signature was redacted for privacy. Dean of Graduate College Iowa State College 1955 UMI Number: DP12152 INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. UMI UMI Microform DP12152 Copyright 2005 by ProQuest Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, Ml 48106-1346 V\i 36\i:) C> \\ TABLE OF CONTENTS Page CHAPTER 1: INTRODUCTION 1 Agrarian Reform in Economic Development. 2 Basic policy goals 3 Role of government in land reform 4 Selection and Scope of the Study Area. 6 Confinement of the study to Bombay 6 Tenancy in the reform program 8 Objectives of the Study . 11 Procedure of the Study 11 Background of the analysis. .......... 12 Objectives and principal provisions of the Tenancy Act. 13 The analysis . 14 Limitations of the analysis 15 CHAPTER 2'. LAND TENURE IN INDIA—PROBLEMS AND PROGRAMS 17 Problems of Agrarian Reform in India ^ . l8 Development of the tenure system. 18 Agiwian reform meastirea 36 The Tenancy Situation in Bombay 53 Ittstitutional aspects of tenure developnent in Bombay . 53 The tenancy problem ............ 62 The pattern of tenancy. • • 70 CHAPTER 3i OBJECTIVES AND FRINCIPAL PROVISIONS OF THE BOMBAY TENANCI AND AGRICULTURAL LANDS ACT 83 Objectives of the Tenancy Act. 83 The economic objective . 84. The distributive equitability objective .... 89 Implications of additional objectives . 92 Plural objectives and the Act as a means to a desired situation 94- TU620 iii Page Principal Provisions of "toe Tenancy Act. 96 Secvirity of tenure 96 Rent regulation , . , 98 Prohibition of sub-division and sub-letting ....... 101 State management 101 Tenant purchase, ownership, and transfer restrictions . 103 Compensation 106 Administration . 107 CHAPTER 4.S ANALYSIS OF THE PRINCIPAL PROVISIONS Ill The Economic Objective Ill Introduction Ill Security of tenure 133 Rent regulation 1^1 Prohibition of sub-division and sub-letting I6l State management. 165 Tenant purchase, ownership, and treuisfer restrictions . 174- Compensation. ...... 184 The Objective of Distributive Equitability 192 Alternative means to adjust the distribution of income. 193 Peasant proprietorship. ............ 195 Landlord-tffliant income and the effects of the distribution 195 The criterion of distributive equitability 197 Analysis of provisions of the Act 197 Other Objectives . 202 CHAPTER 5s SUl-5MARy, CONCLUSIONS, AND RECOI^t-IENDATIONS 205 Orientation of tiie Problem, Purpose and Approach of the Study. 205 Sectirity of teniare 210 Rent regulation 212 Prohibition on sub-letting. ....... 215 Transfer restrictions 215 State znanagement 217 Compensation 217 Recomm^dations. 218 Suggestions for Future Study 221 iT Page ACKNOWLEDGEMEMS^ . 227 GLOSSARY * 229 APPENDICES 231 Appendix A 232 Appendix B 236 V Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit Where the mind is led forward by thee into everwidening thoiight and action Into that heaven of freedom, my Father, let HQr country awake. Rabindranath Tagore. X CHAPTER 1; INTRODUCTION The United Nations report on progress in land reform states that "the land reform meastires recently enacted in India are quantitively by far the most important"X of the countries which they surveyed. All the states of India have passed, since 1947i at least some legis­ lation affecting the interrelationship between men in their use and occu­ pancy of land. Much of this legislation has been subject to revision and many new enactments anticipate solutions to agrarian problems. But unless continuous, critical analysis is made, reform measures may become politi­ cal platitudes and the enactments will bear little relationship to the conditions they were intended to ameliorate. This study is an attempt to interpret and analyze the Bombay Tenancy and AgriculttireG. Lands Act of 1948^> one of the significant land reform enactments passed in India since Independence in 1947• Primary attention is devoted to the economic effects, in terms of criteria specified later, but because of the nature of the Act and its objectives certain other aspects are considered. The ^United Nations Department of Economic Affairs. Progress in land reform. New York, United Nations. 1954- P» 20. %he Bombay Tenancy and Agricultural Lands Act, 194^ (Bombay Act No. LX7II, 28th December 1948), adapted and modified 1:^ the Adaptation of Laws Order, 1950, and amended: Bom. 12 of 1951, Bom. 34 of 1951, Bom. 45 of 195X, Bom, 33 of 1952, Bom. 60 of 1953, Hereinafter cited as Bom. 67 of 1948, as entered in; Bombay. Code, 1950. 3:2749-2782C. 1950. 2 analysis ia intended to indicate the effects of the various provisions on the specified objectives of the Act and so form the basis for recommenda­ tions to improve the legislation. The Bombay Tenancy Act of 194S was by no means the beginning or the end of tenancy legislation in that state, but it stands as one of the land­ mark enactments in the program of land reform in the Indian Union. The problems it soxight to alleviate had pressed upon the people for centuries and this was to be one step in the new nation's efforts toward welfare im­ provement. Time will bear out the actual success or failure of the Act. It remains, therefore, the task of the analysis to anticipate the short­ comings and attempt to point out the necessary changes. Agrarian Reform in Economic Developnent The land refom problem for purposes of analysis may be viewed at two levels s (1) The overall problem of economic underdevelopment and the relation­ ship of agrarian reform to a general program of development. (2) The relationship of a specific enactment or group of enactments to the objectives which they seek to accomplish. Although this study is concerned with the second type of problem it must be oriented to the overall problems and programs if it is to fit into the context of economic development. The extraction and specification of the problem of tenancy out of the general problejais of underdevelopment, and the body of agrarian reform enactments created to meet the problems, is the purpose of Chapter 2 so consideration will be made here only of basic policy goals and the role of government in land reform. 3 Basic policy goals In discussing tixe impact of land reform on economic development, Barlowe emphasizes the ne^ for establishing the importance of economic development as a goal, stating that, "if "Uae architects of land reform are concerned only with the attainment of distributive justice or some political objectives, their programs may have only an incidental impact on economic development".^ As the basic document for India's development policy, the Five-Year Plan makes clear ihe great importance attached to the economic goal* It does not, however, fail to recognize the distribu­ tive aspects of policy. The first Five-Xear Plan, designed for the period 1951 to 1956, places primary emphasis on developuent of agrictalture, irrigation and power. As a consequence, the Plan devotes attention to agrarian problems in general and land tenure problems in particular. Although the priority in development policy itself is a subject for analysis, •ttie scope of this study will be limited to acceptance of the priority of the plan as an assumption. Perhaps most significant is that the priority of agriculture is only in the short run, forming only part of a long-range balanced growth policy.^ In this respect it may be noted that the rate of capital accumulation is not expected to be great in the early states of develop­ ment but to accelerate after
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