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LAND LAW
PROJECT
PRE - INDEPENDENT
&
POST -
INDEPENDENT
LAND REFORMS
IN
INDIA
SUBMITTED BY:
NAME : TANYAJAIN
ENROLLMENT NO. :A3211115035
COURSE : BA.LLB (H)
SECTION :A
SEMESTER : 6
BATCH : 2015-2020
SUBMITTED TO:
DR. NEHABEHL
Land is considered as an
important element of life and is
highly valued in most of the
world. Land is useful to man in
many ways asA source of
food, for place to live, for
wood, for place to work etc. .
LAND REFORMS
After India Independence,the government has decidedto
abolishthe systems of Jamindaris and Jagirdari, in order to
remove intermediaries betweenstate and peasant.This was the
first legislation taken by almost all the states called asAbolition
of Jamindari / Jagirdari systemsAct. In 1950s.
The main objectives of the Land Reforms are :
1.To make redistributionof Land to make a socialistic pattern
of society.Such an effort will reduce the inequalities in
ownershipof land.
2.To ensure land ceilingand take away the surplus land to be
distributedamong the small and marginal farmers.
3.To legitimize tenancy with the ceiling limitToregister all the
tenancy with the villagepanchayats
4.To establishrelationbetweentenancyand ceiling.
ACCESS TO LAND REFORMS
1. GandhidianApproach: The Sarvodaya movement of
Mahatma GandhiTalks more about the universal upliftment.
Inspiredby Gandhism,Vinoba Bhave has started the Gram dam
movement.This movement approachedthe landlords to donate
to surplus to the landless / marginalisedfarmers.
2. The radical nationalist approach: Has been formally adopted
by most of the state governments, however this approach
couldn’t contribute much.
3. The Marxist approach has been takeninto account and is
supportedin the wake of peasant movements
LAND REFORMS
IN
PRE - INDEPENDENT
INDIA
Modern day land system of india is based on the land
revenue system of introduced by akbar’s revenue minister
TODARMAL.
THE SALIENT FEATURES WERE :
a. Measurement of land
b. Classification of land
c. Fixation of land
After the decline of mughal dynasty , east india company
and the british raj system established extractive land
institutions based on todarmal’s principles :
1. Zamindari system
2. Ryotwari system
3. Mahalwari system
ZAMINDARI SYSTEM
1. The king's would collect tax based on quantity of
agriculture
2. During British rule they use to collect tax based on
land quantity.
3. Lord Cornwallis introduced this system in Bengal,
Bihar, and Orissa .
4. The British had fixed the amount of tax on land but
landlords would collect more tax and pay only the
fixed of money to British government.
THE RYOTWARI SYSTEM
1. This was introduced byAlexander Reid and it was
continued by Thomas Munroe .
2. This was introduced in Madras, Mumbai, Sindh,
Bihar andAssam.
3. The condition was- if farmers were not able to pay
the tax, the government had the authority to capture
there land .
4.And another thing was that all land disputes based
on area should be settled inside the village in panchayat
.
THE MAHALWARI SYSTEM
1. This was introduced by R.M.Baird and James
Thompson .
2. This system was introduced in Ganges valley, North
- Wastern provinces, Central provinces and Punjab .
3. Instead of landlords, mahaldars were appointed to
collect taxes.
4. Mahaldars were same like landlords, they also
looted the farmers .
5. The term Zamindari, peasantry, and Mahalwari
systems sound different but there were same.
LAND REFORMS
IN
POST - INDEPENDENT
INDIA
ABOLITION OF INTERMEDIERES
• Intermediaries like Zamindars,Talukdars, Jagirs and Inams had
dominatedthe agriculturalsector in India by the time the country
attainedindependence.
• Soon after independence, measures for the abolitionof the
Zamindari system were adoptedin different states.The firstAct
to abolish intermediaries was passed in Madras in 1948.
•As a resultof the abolitionof intermediaries,about 2 crore
tenants are estimated to have come into directcontact with the
State making them owners of land.
•The abolition of intermediaries has led to the end of a parasite
class.More lands have been brought to government possession
for distribution to landless farmers.
SECURITY OFTENURE
To protect tenants from eviction and to grant them
permanent rights on lands, laws have been enacted in
most of the states.They have three essential features.
(a) Tenants cannot be evicted without any reason.They
can be evicted only in accordance with the laws.
(b) Land can be resumed by the landlord only on the
ground of personal cultivation. But the land-lord can
resume the land only up to a maximum limit.
(c) The landlord should leave some area to the tenant
for his own cultivation.The tenant in no case should be
made landless.
REGULATION OF RENT
• In Pre-Independent India rents were high for obvious
reasons. Fifty per cent of the total produce was paid as
rent.
• In addition to such high rent, the tenant had to provide
certain free services to landlords.
• So at the beginning of the First Plan, the Central
Government insisted on the regulation of high rent by
State Governments.
• It was laid down that the rent to be paid to the
landlord should not be more than 20 to 25 per cent. The
main objective of suchActs was to make the rent fair
and reasonable.
RIGHT OF OWNERSHIP
So far as right of ownership is concerned, tenants have
been declared as the owners of the land they cultivate.
They have to pay compensation to the owners. The
amount of compensation should not exceed the level of
fair rent.
As a result of these measures about 40 lakh tenants
have already acquired ownership rights over 37 lakh
hectares of land.They have become better-off
economically and socially.
CEILINGS ON LAND HOLDINGS
Ceiling on land holdings implies the fixing of the
maximum amount of land that an individual or family
can possess.
Economic Rationality of Land Ceiling:According to
some economists small farms are more efficient than
large farms. They require less capital compared to the
large farms.
Social Rationality of Land Ceiling: In a poor country
like India the supply of land is limited and number of
claimants is large. Hence it is socially unjust to allow
small number of people to hold large part of land.
CONSOLIDATION OFHOLDINGS
1. It means bringing together the various small plots of
land of a farmer scattered all over the village as one
compact block, either through purchase or exchange of
land with others.
2. In Orissa, the ConsolidationAct was passed in
1972. The work of consolidation has been completed
fully in Punjab and Haryana. So far, about one- third of
the total cultivated land has been consolidated.
3. There are various obstacles to the speedy
implementation of the consolidation programme.
These are poor response from cultivators, wide
variation in the quality of land, complicated process of
land consolidation, lack of enforcing machinery, lack
of political will etc.
IMPACT OF LAND REFORMS
1. End of feudalism.
2. Emergence of market oriented farming.
3. Updation of land records.
4. Farmers as entrepreneurs.
5. Poverty reduction.
Failure of land reforms
1. Lack of proper execution of land law.
2. Lack of political will.
3. Malafide transfer of land.
4. Lack of social consciousness among tenants.
5. Lack of financial support.
6. Lack of uniformity in laws.
THANK YOU.

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Land laws - Land reforms in India.

  • 2. PRE - INDEPENDENT & POST - INDEPENDENT LAND REFORMS IN INDIA
  • 3. SUBMITTED BY: NAME : TANYAJAIN ENROLLMENT NO. :A3211115035 COURSE : BA.LLB (H) SECTION :A SEMESTER : 6 BATCH : 2015-2020 SUBMITTED TO: DR. NEHABEHL
  • 4. Land is considered as an important element of life and is highly valued in most of the world. Land is useful to man in many ways asA source of food, for place to live, for wood, for place to work etc. .
  • 5. LAND REFORMS After India Independence,the government has decidedto abolishthe systems of Jamindaris and Jagirdari, in order to remove intermediaries betweenstate and peasant.This was the first legislation taken by almost all the states called asAbolition of Jamindari / Jagirdari systemsAct. In 1950s. The main objectives of the Land Reforms are : 1.To make redistributionof Land to make a socialistic pattern of society.Such an effort will reduce the inequalities in ownershipof land. 2.To ensure land ceilingand take away the surplus land to be distributedamong the small and marginal farmers. 3.To legitimize tenancy with the ceiling limitToregister all the tenancy with the villagepanchayats 4.To establishrelationbetweentenancyand ceiling.
  • 6. ACCESS TO LAND REFORMS 1. GandhidianApproach: The Sarvodaya movement of Mahatma GandhiTalks more about the universal upliftment. Inspiredby Gandhism,Vinoba Bhave has started the Gram dam movement.This movement approachedthe landlords to donate to surplus to the landless / marginalisedfarmers. 2. The radical nationalist approach: Has been formally adopted by most of the state governments, however this approach couldn’t contribute much. 3. The Marxist approach has been takeninto account and is supportedin the wake of peasant movements
  • 7. LAND REFORMS IN PRE - INDEPENDENT INDIA
  • 8. Modern day land system of india is based on the land revenue system of introduced by akbar’s revenue minister TODARMAL. THE SALIENT FEATURES WERE : a. Measurement of land b. Classification of land c. Fixation of land After the decline of mughal dynasty , east india company and the british raj system established extractive land institutions based on todarmal’s principles : 1. Zamindari system 2. Ryotwari system 3. Mahalwari system
  • 9. ZAMINDARI SYSTEM 1. The king's would collect tax based on quantity of agriculture 2. During British rule they use to collect tax based on land quantity. 3. Lord Cornwallis introduced this system in Bengal, Bihar, and Orissa . 4. The British had fixed the amount of tax on land but landlords would collect more tax and pay only the fixed of money to British government.
  • 10. THE RYOTWARI SYSTEM 1. This was introduced byAlexander Reid and it was continued by Thomas Munroe . 2. This was introduced in Madras, Mumbai, Sindh, Bihar andAssam. 3. The condition was- if farmers were not able to pay the tax, the government had the authority to capture there land . 4.And another thing was that all land disputes based on area should be settled inside the village in panchayat .
  • 11. THE MAHALWARI SYSTEM 1. This was introduced by R.M.Baird and James Thompson . 2. This system was introduced in Ganges valley, North - Wastern provinces, Central provinces and Punjab . 3. Instead of landlords, mahaldars were appointed to collect taxes. 4. Mahaldars were same like landlords, they also looted the farmers . 5. The term Zamindari, peasantry, and Mahalwari systems sound different but there were same.
  • 12. LAND REFORMS IN POST - INDEPENDENT INDIA
  • 13. ABOLITION OF INTERMEDIERES • Intermediaries like Zamindars,Talukdars, Jagirs and Inams had dominatedthe agriculturalsector in India by the time the country attainedindependence. • Soon after independence, measures for the abolitionof the Zamindari system were adoptedin different states.The firstAct to abolish intermediaries was passed in Madras in 1948. •As a resultof the abolitionof intermediaries,about 2 crore tenants are estimated to have come into directcontact with the State making them owners of land. •The abolition of intermediaries has led to the end of a parasite class.More lands have been brought to government possession for distribution to landless farmers.
  • 14. SECURITY OFTENURE To protect tenants from eviction and to grant them permanent rights on lands, laws have been enacted in most of the states.They have three essential features. (a) Tenants cannot be evicted without any reason.They can be evicted only in accordance with the laws. (b) Land can be resumed by the landlord only on the ground of personal cultivation. But the land-lord can resume the land only up to a maximum limit. (c) The landlord should leave some area to the tenant for his own cultivation.The tenant in no case should be made landless.
  • 15. REGULATION OF RENT • In Pre-Independent India rents were high for obvious reasons. Fifty per cent of the total produce was paid as rent. • In addition to such high rent, the tenant had to provide certain free services to landlords. • So at the beginning of the First Plan, the Central Government insisted on the regulation of high rent by State Governments. • It was laid down that the rent to be paid to the landlord should not be more than 20 to 25 per cent. The main objective of suchActs was to make the rent fair and reasonable.
  • 16. RIGHT OF OWNERSHIP So far as right of ownership is concerned, tenants have been declared as the owners of the land they cultivate. They have to pay compensation to the owners. The amount of compensation should not exceed the level of fair rent. As a result of these measures about 40 lakh tenants have already acquired ownership rights over 37 lakh hectares of land.They have become better-off economically and socially.
  • 17. CEILINGS ON LAND HOLDINGS Ceiling on land holdings implies the fixing of the maximum amount of land that an individual or family can possess. Economic Rationality of Land Ceiling:According to some economists small farms are more efficient than large farms. They require less capital compared to the large farms. Social Rationality of Land Ceiling: In a poor country like India the supply of land is limited and number of claimants is large. Hence it is socially unjust to allow small number of people to hold large part of land.
  • 18. CONSOLIDATION OFHOLDINGS 1. It means bringing together the various small plots of land of a farmer scattered all over the village as one compact block, either through purchase or exchange of land with others. 2. In Orissa, the ConsolidationAct was passed in 1972. The work of consolidation has been completed fully in Punjab and Haryana. So far, about one- third of the total cultivated land has been consolidated. 3. There are various obstacles to the speedy implementation of the consolidation programme. These are poor response from cultivators, wide variation in the quality of land, complicated process of land consolidation, lack of enforcing machinery, lack of political will etc.
  • 19. IMPACT OF LAND REFORMS 1. End of feudalism. 2. Emergence of market oriented farming. 3. Updation of land records. 4. Farmers as entrepreneurs. 5. Poverty reduction.
  • 20. Failure of land reforms 1. Lack of proper execution of land law. 2. Lack of political will. 3. Malafide transfer of land. 4. Lack of social consciousness among tenants. 5. Lack of financial support. 6. Lack of uniformity in laws.